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(영문) 광주지방법원 2013.08.16 2013고단2668

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant is a person who is engaged in driving a CF rocketing car, which was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on August 29, 2012.

The Defendant, without a driver’s license on February 26, 2013, while under the influence of alcohol by 0.148 percent of blood alcohol concentration, the Defendant was under the influence of a driver’s license on February 15:3, 2013, and was under the influence of 0.148 percent, and was under the influence of a driver’s license, the central separation zone set up in this area due to occupational negligence, which does not see the influence of alcohol, while driving the said EFIG car on the 2nd cycle road in Seo-gu, Seo-gu, Gwangju, into the Western-gu, Seo-gu, Seo-gu, by driving the said EFIG car into the left-hand side of the said EFM or other car, and then taking the two-lane parts of the EFIXG car into the right-hand side of the said EFIG car, and reconciled by pling, plouting, or reconcilizing it into the left-hand side.

Ultimately, without a driver’s license, the Defendant immediately stopped and escaped without taking necessary measures for preventing danger on the road and ensuring smooth communication, etc., even if the Defendant, without a driver’s license, destroyed to the extent that the amount equivalent to KRW 2,550,456, such as TXG car even in the form of a car owned by the victim, by driving a car under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Each traffic accident actual condition survey report and photographs and files related to accidents;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. An inquiry into the driver's license ledger;

1. Written estimate;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, amounts of dispositions, and results of confirmation;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;