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(영문) 광주지방법원 2013.12.12 2013고단5188

도로교통법위반(음주운전)등

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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

1. On July 16, 2010, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (driving) from the Gwangju District Court on July 16, 201, and a fine of two million won as a crime of violating the Road Traffic Act (driving) at the Gwangju District Court on November 21, 2012 at the Gwangju District Court on November 21, 201.

On August 22, 2013, at around 21:40, the Defendant driven a Bbenz car with approximately 40 meters of alcohol level 0.087% under the influence of alcohol level 0.087% in front of the Mosh restaurant in the Suwon-gu, Gwangju Metropolitan City.

2. Violation of the Road Traffic Act (Ad Hoc measures) the Defendant runs the road in front of the said temporary cafeteria cafeteria at the 209 km of the said cafeteria.

Although the D C(30 years of age) was parked on the right side of the driving direction of the said car, the D C(30 years of age)'s front-time driver's seat of the said car did not take necessary measures, such as immediately stopping and checking the damage status.

Summary of Evidence

1. Statement to C by the police;

1. Report on the occurrence of a traffic accident, on-site photographs of the traffic accident, and report on the occurrence of the traffic accident;

1. The circumstantial statement of the employee;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148, 54 (1) of the Road Traffic Act that choose a penalty (the point of not taking measures after destroying and damaging property, the choice of imprisonment), Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was driving under drinking several times within a relatively short period, and this case is that the defendant is driving under drinking.

A statement of C police statements made by the other party to the accident that he/she left the scene of the accident without taking measures against the accident.