beta
(영문) 광주지방법원 2018.03.22 2017고단5261

도로교통법위반(음주운전)등

Text

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.

Reasons

Punishment of the crime

1. On October 29, 2017, the Defendant was under the influence of alcohol level of 0.135% among blood transfusion around 01:50 on October 29, 2017, the Defendant driven B Pool car up to the road front of the Seo-gu Seoul Metropolitan City, Seo-gu, Seoul Special Metropolitan City, to the front of the road where the camera located in Seo-gu, Seo-gu, Seoul Special Metropolitan City Viewing to see.

2. Around 01:50 on October 29, 2017, the Defendant: (a) driven a B Pote car, and driven the road in front of whether it is a wind base body located on the seat of the Seo-gu Metropolitan City, Seo-gu, Gwangju; (b) neglected the duty, etc. on the front time due to the influence of drinking, as described in paragraph (1), and (c) went away from the road due to occupational negligence, on the part of the front part of the said Potete car, without immediately stopping the vehicle and without taking necessary measures.

3. On October 29, 2017, the Defendant is also the offender: “A will have driven an accident while drinking alcohol at home” to D in the residence of the Defendant of the defendant of the building of the building of the Seoul Metropolitan City, Nam-gu, Seoul Metropolitan City, and D will have driven the vehicle at his own discretion on October 30, 2017 and November 3, 2017, respectively. The police officer in charge was present at the traffic survey center office of the Seo-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seoul Metropolitan City Standing Park on November 30, 2017 and present at the police officer in charge of the traffic survey office of the traffic department of the Seo-gu, Seo-gu, Seo-gu, Gwangju Metropolitan City on November 30, 2017.”

“A false statement was made.”

Accordingly, the defendant instigated the criminal to avoid.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the police against the defendant and D;

1. Statement made by the police with regard to D;

1. Written statements of D;

1. A written initial action at the scene of a traffic accident;

1. Notice of the result of regulating driving of drinking alcohol;

1. Each investigation report (to hear statements, such as a suspect, hear witness's statements, or confirm a closed circuit);

1. Application of Acts and subordinate statutes to photographs, such as places of accident;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 2 and 44 of the same Act concerning the crime;