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(영문) 광주지방법원 2020.11.05 2020고단4782

도로교통법위반(음주운전)등

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A 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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2013, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violating the Road Traffic Act.

On September 5, 2020, at around 22:18, the Defendant driven an E-Korean cruise car under the influence of alcohol content of about 0.09% from the 2km section to the front road of the C Bank Dong Office located in Gwangju Northern-gu B from September 5, 2020 to D.

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

2. The Defendant is a person engaging in driving a E-cruise vehicle.

On September 5, 2020, at around 22:58, the Defendant continued the front road of Gwangju Northern-gu in the direction of the G market from the F bank. In such a case, the Defendant had a duty of care to safely drive the front road in the direction of the G market and prevent accidents by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so and went away without taking necessary measures, even if he destroyed the part of the victim H-owned I K7 car volume, which was parked on the left side of the Defendant’s running direction, to the right side of the pentum part of the pentum part before the left side of the Defendant’s driving direction, thereby damaging approximately KRW 3,647,781 of the repair cost, thereby causing any danger and obstacle to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A written estimate related to an investigation report;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of view of taking measures after destroying or damaging objects);

1. Selection of penalty;