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(영문) 수원지방법원 2019.02.13 2018고단6557

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 27, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 2 million for the same crime at the same court on October 7, 2014.

【Criminal Facts】

1. On October 16, 2018, from around 00:00 to around 00:15 of the same day, the Defendant driven Dworka car under the influence of alcohol with approximately 0.10% of blood alcohol concentration from the 1km section to the roads in front of the “Cworka” located in the same Gu and located in the same Gu B.

2. The Defendant is a person engaging in driving a rocketing motor vehicle.

The Defendant, while under the influence of alcohol level of 0.10% at the time and time set forth in the above paragraph (1) above, driven the said car at a speed that would not be known in the direction of F from the direction of F to the direction of F.

On the other hand, since the H K5 car driven by the victim G was stopped in the state of a moving-on, there was a duty of care to ensure the safety distance to avoid the operation of the car and to ensure the safety distance to avoid the operation of the car.

Nevertheless, under the influence of alcohol, the defendant neglected to do so, and caused an excessive close to the victim's car and caused the defendant's fault to drive the vehicle to the right side of the victim's car.

Although the Defendant damaged the victim’s car by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, even though the Defendant destroyed the 207,986 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report, a report on the results of the drinking driving control, and a drinking driver;

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