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(영문) 수원지방법원 성남지원 2018.02.07 2017고단3151

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

On June 1, 2007, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act (driving) with respect to the criminal facts, etc. that violated the provision prohibiting drinking twice in support of the Friwon method.

Criminal facts

1. On August 27, 2017, the Defendant was under the influence of 00:40% of alcohol during blood, and the Defendant was driving B Ponding off from approximately 6km section from the 0.189% of the 0.189% alcohol level in the New Heungdong market in Sungnam-gu to the roads in front of the same city Nowon-gu Gungdong-dong Gungdong-dong Gidong-dong Gidong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do-do-do-do-do-do-do-based-distance-distance

In such cases, a person engaged in driving service has a duty of care to accurately operate the steering direction, brakes, and other devices of the vehicle, and to refrain from driving at a speed or in a manner that may cause danger and harm to others according to the road traffic situation and the structure and performance of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it and neglecting it, went away without taking necessary measures, such as aiding the damaged person by stopping at the same time, after taking a pentle, which was installed between the front road and the delivery of the victim Sungnam-gu, Sungnam-dong, Sungnam-gu, Sungnam-gu, Sungnam-gu, and destroying the property to be in excess of KRW 2,469,920.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the circumstances of driving under the liquor:

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

1. On-site photographs and investigation reports (as regards the site of accident);

1. Written estimate;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the filing of judgment on criminal cases of the suspect A in the past);

1. Criminal facts;