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(영문) 서울중앙지방법원 2018.04.05 2017고단8794

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:40 on July 18, 2017, the Defendant driven a D New D New C motor vehicle under the influence of alcohol concentration of about 0.054% from a 30-meter section from the front of Gwanak-gu in Seoul Special Metropolitan City to the front of the same Gu C motor vehicle.

2. The Defendant damaged special assault and special property: (a) the date and time set forth in paragraph (1) of this Article; (b) while driving a road while driving along the road at a place, the victim E (the 31-year old-age-old-age-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-age-of-age-of-age-age-of-age-of-age-age-of-age-age-of-age-of-age-of-age-of-age-age-of-age-of-age-of-the

Accordingly, the defendant assaulted victims by using a dangerous object vehicle, and at the same time damaged the car in the Spopoter owned by the victim F to be 506,698 won due to the damage of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims;

1. A report on the detection of a primary driver;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Articles 261, 260 (1), 369 (1) and 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest limit shall apply to the crimes specified for the violation of traffic laws on roads, and the crimes specified for the violation of such laws);

1. Article 62 (1) of the Criminal Act, taking into account the fact that the suspension of execution (in depth it is against the law);

1. It is so decided as per Disposition for the reason of taking lectures and providing community service orders under Article 62-2 or more of the Criminal Act;