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(영문) 수원지방법원 성남지원 2013.05.23 2013고단712
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 8, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on the same day, and on November 30, 2007, the Defendant was sentenced to a summary order of three million won for a violation of the Road Traffic Act (driving), etc. at the same court on the same day on the same day, and on May 6, 2008, at the Incheon District Court sentenced six months of imprisonment and suspension of execution two years for a violation of the Road Traffic Act (driving) at the Incheon District Court on the same day on May 6, 2008, and on December 15, 2009, sentenced four months of imprisonment for a violation of the Road Traffic Act (driving at the Sungnam branch of Suwon District Court on the same day on March 11, 2010).

Around 23:20 on March 1, 2013, while the Defendant driven a vehicle B with blood alcohol concentration of 0.143% while driving the vehicle, and driving a two-lane in front of the Oral Public Athletic Site located in the Oral Public Port at the Oral Sea in Gwangju Metropolitan City, into a two-lane long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance short of the central line on the wind under the influence of alcohol, the Defendant, as a result of the negligence of driving the vehicle under the influence of alcohol and trying to move back the front part of the victim C Driving D or another vehicle normally driven at the driving lane to the right side of the said vehicle, was able to repair the said small vehicle and stop the vehicle immediately without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on detection of a de facto driver and a de facto survey report;

1. Relevant legal provisions concerning the facts of crime, Articles 148, 54 (1), 148-2 (1) 1, and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant, but the crime of this case has been punished as a large number of drunk driving.

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