(영문) 광주지방법원 2015.07.02 2015고단1426



A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.


Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

Around 00:20 on March 12, 2015, the Defendant driven the said car and continued to drive the said car on the right side of the Defendant’s vehicle so as to avoid the inspection by the police officer who was under the influence of alcohol on the road due to negligence in the course of performing his duties while driving the access road to the second cycle road from the new town 71-ro in the new town of Gwangju Mine-gu to the high-tech zone at the front side of Newdong-dong, the Defendant left the left side of the said vehicle, which is owned by the head of the Gwangju Mine Police Station, by neglecting the Jeonju-si in order to avoid the inspection by the police officer who was under the influence of alcohol in the front direction at the front of the new town-dong. The Defendant did not immediately repair the said car and repair the said car at the right side of the said vehicle and take measures equivalent to 30-180-18-18-18-18-1-2-18-2-2-18-2-2-2-2-2-2-2-2-2-2-2-2-2-3-2-2-2-2-2-2-2-2-2-2-2-2-2-3-3-2-2-2-3-3-2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of G and H;

1. The actual condition survey report;

1. Application of each written estimate statutes;

1. Relevant provisions of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense, and the choice of punishment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, while escaping to avoid the control of drinking driving, has destroyed three vehicles or damaged the vehicle, so the crime is not good.

However, since the vehicle of the defendant is covered by the comprehensive automobile insurance, the damage recovery will be made considerably.