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(영문) 수원지방법원 성남지원 2014.02.07 2013고단2916

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 18, 201, the Defendant was issued a summary order of KRW 1 million by the Seoul Northern District Court for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on August 18, 201, and a summary order of KRW 5 million by the Seoul Central District Court on August 20, 2013, respectively.

【Criminal Facts】

The Defendant is a person who is engaged in driving a halog car.

On October 17, 2013, at around 23:18, the Defendant driven a vehicle while under the influence of alcohol of 0.117% with a blood alcohol concentration of 0.17%, and led the road of two-lanes in front of the width of the board bridge Dong-dong, Sungnam-si, Sungnam-si, to the 9-lane of the board teacher village.

At the time, since police officers were in charge of drinking control in the front bank, there was a duty of care to reduce speed to those engaged in driving service and to cooperate with police officers in drinking control.

Nevertheless, the Defendant was negligent in driving a vehicle to avoid drinking control and was driven by the victim D, who was parked behind the vehicle, and was driven by the victim D while driving the vehicle behind the vehicle, with the front part of the vehicle driven by the Defendant.

The Defendant, while destroying K7 vehicles due to the above occupational negligence, did not immediately stop and take necessary measures and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The actual condition of traffic accidents, survey report, and photographs of damaged vehicles;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying or damaging things), the choice of imprisonment;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;