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(영문) 대구지방법원 김천지원 2014.02.26 2013고단1488
도로교통법위반(음주운전)등
Text

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

On October 2, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on October 2, 2007, and a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon- branch on July 26, 201.

At around 21:40 on September 7, 2013, the Defendant: (a) driven a B observer car with a blood alcohol level of 0.142%; and (b) driven a B observer car with two lanes in front of the bank set in the Yellow-si, Kimcheon-si, and driven a two-lane from the bank set side on the side of the yellow-si street to the bank set off, while driving the two-lanes on the bank set off on the side of the yellow-si; (c) led the two-lane back part of the DAto set off on the left side of the DAto set off on the two-lanes in the front bank, and accordingly, led to the said Atos car to go ahead of the public telephone set on India while keeping it into India.

As a result, the Defendant destroyed the above Atop car to be equivalent to KRW 2,337,356 of the repair cost, and damaged the above Aptop car to be equivalent to KRW 2,10,000 of the repair cost, thereby causing obstacles to the prevention of traffic danger and hazards and ensuring safe and smooth traffic, but did not immediately stop and take measures necessary to restore it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on the occurrence of traffic accidents, reports on driving of drivers, and actual status survey reports;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate statutes;

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

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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