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(영문) 인천지방법원 2020.09.17 2020고단7079

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a year and a fine of 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On November 12, 2019, the Defendant issued a summary order of KRW 2 million at the Suwon District Court as a crime of violating the Road Traffic Act.

2. Criminal facts;

A. On July 24, 2020, the Defendant was under the influence of alcohol at around 0.113% of blood alcohol level on July 24, 2020, the Defendant driving a DNA-free car from approximately 500 meters from the front of the Yeonsu-gu Incheon Building to the front of the same Gu C apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

B. The Defendant in violation of the Road Traffic Act was driving a car at the upper limit of the time stipulated in the above paragraph (a) and was driving in the direction of the Korea Coast Guard in front of the parking lot B in Yeonsu-gu Incheon Metropolitan City.

The Defendant neglected to perform his duty at the front of the front line and failed to properly operate the steering gear while under the influence of alcohol, and received the part on the left back part of the FF bargaining vehicle owned by the victim E, which was parked on the right side due to the negligence of failing to properly operate the steering gear while under the influence of alcohol, and damaged the FF bargaining vehicle to be repaired by 481,668 won, and did not provide the victim with personal information, such as his/her name, telephone number, address, etc.

Summary of Evidence

1. The legal statement of the defendant, the driver, the driver, the report on the occurrence of the traffic accident (Ij), the field photographs of the written estimate (F), and the photographic films of the damaged vehicle;

1. Previous convictions in judgment: Criminal records, reply reports, and application of Acts and subordinate statutes concerning investigation status;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment (the point of driving, the choice of imprisonment), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (the point of failing to provide personal information and the selection of fines after destroying a parking vehicle);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Determination of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation.