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(영문) 광주지방법원 2018.04.19 2018고단540

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 September 16, 2008, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on September 16, 2008, and on May 9, 2014, the Defendant was issued a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on May 9, 201, and on November 6, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for 6 months for a crime of violating the Road Traffic Act at the Gwangju District Court on more than two occasions.

On January 14, 2018, while under the influence of alcohol level of 0.150% among blood alcohol level, the Defendant driven the CK5 car at around the E-ju shop located in D at the same time, and continued to stop immediately and take necessary measures, even though the center line is installed at the center line, the Defendant’s failure to walk the center line and proceed on the opposite lane by the victim F, who driven on the opposite lane, was able to repair the said C K5-type cruise car at the above K5-type lane. However, even though the repair cost of the said C-type cruise car was damaged by KRW 394,130,000, the Defendant did not stop immediately and take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each photograph (the list Nos. 7, 8, 41);

1. Statement of the circumstances of the driver involved in driving;

1. A copy of a written estimate;

1. Previous conviction: Application of inquiry, inquiry, judgment, and each summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 148-2 (1) and 54 (1) of the Road Traffic Act (the point of taking measures not to be taken after causing damage to property on duty and on duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Provided, That the short term of punishment prescribed for a crime of violating the Road Traffic Act shall be the lower limit];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea.