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(영문) 청주지방법원영동지원 2020.12.03 2020고단92

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of one year and two 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. Special property damage Defendant is a person engaged in the construction business, and the victim B (Nam, 63 years old) was a truck article, and the Defendant and the victim were between the employer and the employee.

On February 29, 2020, the Defendant: (a) around 07:20 on February 29, 2020, 130,000 won of the victim’s wage at the front end of the Defendant’s house, and (b) was parked in the MF7 passenger car owned by the victim before the house, thereby driving the car in the Daspo-gun, and driving the car in the direction of about five meters for the vehicle behind the victim’s vehicle.

In addition, the Defendant destroyed the Defendant’s vehicle to the extent of KRW 1,717,586 of repairing costs, such as distribution, painting, etc., by placing about about 50 cm in the victim’s vehicle, and 1,717,586 of the metal, which is a dangerous object (around 15 cm in diameter) and iron stuffs (a about 50 cm in length, about 30 cm in length).

2. On September 8, 2009, the Defendant was sentenced to a summary order of one million won as a fine for a violation of the Road Traffic Act at Daejeon District Court on December 3, 2009, when driving a vehicle under the influence of alcohol of 0.086% of alcohol level.

The Defendant driven a DNA passenger car under the influence of alcohol level of 0.096% at a five-meter section, such as the date and time set forth in paragraph (1), at the place described in paragraph (1).

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs and estimates for maintenance of motor vehicles;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records indicated in the judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act that apply to criminal facts, the choice of punishment, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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