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(영문) 수원지방법원 2016.05.04 2016고단555

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 16, 2012, the Defendant was sentenced to a summary order of a fine of KRW 4 million due to a violation of road traffic law at the Suwon Friwon method, etc. On February 6, 2014, the Defendant was sentenced to a fine of KRW 3 million for the same crime at the same court on February 6, 2014, and was sentenced to a fine of KRW 3 million for the same crime, and has been sentenced to punishment twice or more for the violation of road traffic law.

[Specific Crime]

1. On January 12, 2016, the Defendant driving a vehicle without a driver’s license under the influence of alcohol content of approximately 0.14% at the 1.8km section of the 1.8km to the front of the apartment building, which is located on the 16:55 U.N., in the direction of the center, in front of the center, to be frighting in the East Do, in the direction of the center.

2. On January 12, 2016, the Defendant violated the Road Traffic Act (i.e., measures to be taken after accidents) was driving a road front of the center at the speed of the U.N., U.N., the direction towards the yellow accounting from the apartment on the side of the apartment site of sex, and the place where the yellow solid lines are marked, and the vehicle driver had a duty of care to safely drive the vehicle so that it does not keep the tea well and does not cause any traffic accident.

Nevertheless, the defendant's negligence beyond the median line without complying with the vehicle line and caused the communication transfer line managed by D, which is set up on the left side of the opposite lane, as the front part of the vehicle set forth in paragraph 1 of the defendant's driving.

Ultimately, the Defendant, by occupational negligence, destroyed the repair cost of approximately KRW 998,00,00, and did not immediately stop and failed to take necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. The ledger of driver's licenses of the latter and the making of his/her vehicle register;

1. A facsimile statement and an cost invoice for construction works;

1. Judgment.