beta
(영문) 광주지방법원 목포지원 2020.06.16 2019고단1092

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 00:56 on August 15, 2019, the Defendant driven a Crodi license car in a state of under the influence of alcohol of 0.190% in a state of under the influence of alcohol level of 0.190% in a section of approximately 3.4km from the front of the building B at Mapopopo City to the Cheongho Green Park located in the 15-ro 8-lane 15, Gopo City.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a Crodi license car.

On August 15, 2019, the Defendant driven the above vehicle at around 00:56, and proceeded with the Escopic road facing Escopic D at the time of breathing from the dropic police station to the dropic of Escopic distance.

There are two-lane roads and duty of care to ensure that a person engaged in driving of a motor vehicle can live well on the front side and safely proceed along the lane to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol as described in the preceding paragraph, neglected to do so, was negligent and led to the failure of the Defendant’s driving vehicle to shock the safety fences installed on the bicycle road by driving the front part of the Defendant’s driving vehicle.

Ultimately, even if the Defendant damages the above safety fences managed by the above occupational negligence, and did not immediately stop the 4,050,050 won for repair, and did not take necessary measures, such as contact with the audience or police officer, and went away from the site.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, a photo on the scene of the accident, a record of the accident, and a F statement;

1. The circumstantial statement of the employee;

1. A report on internal investigation (related to attaching images of an accident vehicles), a photograph of a vehicle damaged by a victim, a photograph of a black box image, a black boom of an accident vehicle;

1. Application of the statute of claim(s)

1. Article applicable to the crime, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving) in the choice of the punishment, Articles 148 and 54 of the Road Traffic Act;