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(영문) 서울서부지방법원 2017.02.02 2016고단3649

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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. On December 30, 2010, the Defendant has the record of issuing a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on December 30, 201, and a summary order of KRW 4 million for the same crime at the Seoul Central District Court on April 17, 2013.

On 14, 2016. 08:50 on 14, 2016, while under the influence of alcohol content of the Defendant, the Defendant driven a vehicle B with approximately 5km from the center of the Central Road to approximately 13km on the roads on which Seodaemun-gu Seoul Central Road is not more than 0.129%.

2. The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) : (a) driven the said vehicle under the influence of alcohol on a daily and daily basis as above; (b) driven the said vehicle while driving the said vehicle at the same time as above; (c) driven the said vehicle at the end of the west-dong, Seongbuk-gu, Seoul; and (d) driven the said vehicle at the end of the end of the west-dong, Seongbuk-gu, Seoul; and (d) driven the vehicle at the speed from the end of the west-dong, the red at the end of the west-dong, which was moving from the end of the west-do; (d) driven by the victim C (D’s 48 years and the “D” in the indictment appears to be a clerical error) driving on the right-hand part of the said vehicle of the Defendant, and escaped without immediately stopping the said vehicle and without taking necessary measures at the time of the occurrence of the traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home, report on the detection of the driver at home, and report on internal investigation (the application of the aforementioned dic formula);

1. Each vehicle photograph;

1. Written estimate;

1. Records of judgment: Inquiry into criminal records and application of investigation reports (related to the driving force of a suspect drinking);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 148 and 54(1) (the point of failing to take measures after an accident) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.