도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 06:30 on February 23, 2019, the Defendant driven CMW car under the influence of alcohol concentration of 0.081% from the petition site to the front road of the petition site B in order to ensure that the Defendant driven CMW car under the influence of alcohol concentration of 0.081%.
2. The Defendant is a person engaging in driving a vehicle with the above BMFW.
The Defendant driven a car at the temporary border under the above paragraph (1) and proceeded with the front road of the petition district B at the Cheongju-si.
At the same time, a vehicle has been parked on both sides of the road, so in such a case, the driver of the vehicle has a duty of care to prevent the accident by accurately manipulating the steering direction and brakes.
Nevertheless, even though the Defendant neglected this and failed to accurately operate the steering direction and operation system while under the influence of alcohol, he received the front portion of the ES6-car owned by the victim D, which was parked on the right side of the running direction, from the front portion of the Defendant’s vehicle, and damaged the repair cost to an amount equivalent to KRW 5,193,009, the Defendant escaped without taking necessary measures, such as the report of traffic accidents, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Written statements of D;
1. A traffic accident report, a survey report, and an accident site photograph;
1. Notification of the control of drinking driving;
1. Application of the written estimate statutes;
1. Relevant legal provisions concerning criminal facts: Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Articles 148 and 54(1) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201); the choice of imprisonment for each sentence of imprisonment
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the long-term punishment of two crimes prescribed by the Road Traffic Act heavier than punishment);
1. Article 62 of the Criminal Act: