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(영문) 대구지방법원 김천지원 2019.10.10 2019고단868

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 868] The Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Daegu District Court on November 23, 2007.

[Criminal Facts of Crimes] Around 21:45 on July 20, 2019, the Defendant driven a FMobage car under the influence of alcohol with approximately 400 meters alcohol concentration of 0.153% from a section of about 400 meters from the front of the cafeteria to the front of the “Eribage station” in D.

[2019 Highest 926] On July 20, 2019, the Defendant driven a car with F-Modon F-si on July 20, 2019, and proceeded along two-lanes from the office of the Apo-Eup to the Gu, by disregarding the vehicle stop signal and driving it as is, while driving the vehicle into the Gu-U.S. in two-lanes from the office of the Apo-Eup in the Apo-si, Kimcheon-si. At that time, the victim H(53 years of age) driving that turn left to the normal signal along two-lanes from the Gpo-si office of the Gpo-si, and received the front right side of the said Apo-si car.

Although the Defendant damaged the 440,000 won of the repair cost, the Defendant did not immediately stop the vehicle and take necessary measures, such as providing personal information to the victim.

Summary of Evidence

[2019 Highest868]

1. Defendant's legal statement;

1. Statement to J police officers;

1. The K's statement;

1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports, investigation reports (verification of the same kind of records);

1. Defendant's legal statement;

1. The police statement of H;

1. On-site photographs and on-site survey reports;

1. Application of the provisions of Chapter XI of quotations, investigation reports (CCTV image attachment), and CCTV image photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after accidents), and imprisonment with prison labor, respectively;