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(영문) 수원지방법원 2016.03.30 2015고단6343

도로교통법위반(음주운전)등

Text

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

The defendant is a person who is engaged in driving a K5-car.

On November 21, 2015, the Defendant driven the said car under the influence of alcohol level of 0.214% during blood alcohol level from around 17:00, and continued to drive it at a two-lane road in front of the thaldroid studum string in Osan, Osan, by driving it.

Since there is a place where vehicle traffic is frequent, and there are vehicles parked at the right edge of the road, there was a duty of care to look at the right side of the road, and to prevent the accident by accurately manipulating the steering direction and brake system to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, took the rear of the victim’s DNA motor device bicycle in a parking zone installed at the right edge of the road as it was left by the driver’s negligence, and moved the bicycle onto the road, and continued to leave the above engine bicycle on the road. The Defendant received the left side of the F-learning vehicle owned by the victim E, which is parked at the right edge of the road.

Ultimately, the Defendant damaged the bicycle of the above engine equipment to repair 693,00 won by occupational negligence, and left the place of the accident without taking any measures to damage the above engine equipment to repair 1,625,138 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the occurrence of a traffic accident C;

1. Each investigation report (for a witness's telephone conversation with the witness first reported person, attachment of a quotation);

1. A survey report on actual conditions;

1. A traffic accident report and on-site photographs;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Application of the written estimate statutes;

1. Article 148-2 of the Road Traffic Act concerning the facts constituting an offense as well as Article 148-2 of the same Act;