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(영문) 제주지방법원 2018.02.28 2017고단2807

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

1. On August 29, 2017, the Defendant violated the Road Traffic Act: (a) around 01:51, the Defendant, while under the influence of alcohol leveling 0.221% of alcohol level in the blood, driven from the Jeju Student Center to the long distance.

At that time, since there is a road installed a centralized separation, there was a duty of care to drive safely by accurately manipulating steering gear, etc. as a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant, by negligence, neglected to do so while under the influence of alcohol, caused damage to the repair cost equivalent to KRW 551,00,000 by taking the central separation unit and pedestrian protection steel facilities in front of the said car.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a DNA car in the state of alcohol alcohol concentration of about 0.221% from the 2km section from the front of the public parking lot in the CGV to the front road of the same city at the SGV, which is located in the Scon-si, Scon-si, Jeju around the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

1. Specifications;

1. A report on investigation (a written estimate);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 151 of the Road Traffic Act (the point of destroying goods on duty and on duty), and the selection of imprisonment or imprisonment without prison labor for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the violation of Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity (i.e., the fact that there is no criminal history other than once a fine due to driving of alcohol, and the fact that damage is not large);

1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;