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(영문) 대구지방법원 2013.03.28 2012고단8729
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:50 on September 26, 2012, the Defendant: (a) while driving the said vehicle under the influence of alcohol by 0.248%; (b) while driving the said vehicle on September 14:50, 2012, and driving the front distance in front of the hospital located in the Gyeongdong-gun of Gyeongdong-gu, Gyeongdong-gun, the Defendant was negligent in failing to perform his duty at the front speed of the vehicle due to the negligence of failing to properly operate the steering gear due to the influence of alcohol; (c) driving the said vehicle at the right side of the driving vehicle; and (d) driving the said vehicle at the front left side of the vehicle owned by the victim C, which was parked at the right side of the private road; and (d) driving the vehicle beyond the central line to the left side of the vehicle; and (d) driving the front part of the vehicle to be parked by the victim with the front part of the vehicle in front of the vehicle in front of the victim’s vehicle in front of the vehicle in front of the victim.

The Defendant, as above, destroyed an automobile with the above low price in KRW 3,103,063, by making it possible for the Defendant to use the said low price in KRW 1,627,467 for repair costs, and by making the said low price in KRW 577,379, respectively for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Notice of completion of correction;

1. Written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of sound driving) and Article 151 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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