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(영문) 광주지방법원 순천지원 2017.05.24 2017고단155
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The defendant is a person who is engaged in driving a Bran vehicle.

On December 27, 2016, the Defendant, while under the influence of alcohol level of 0.153% among the blood alcohol level around 22:50 on December 27, 2016, proceeded along the two-lanes from the south of the Dowon Hospital to the south of the Dowon Hospital, with the front of the road in front of the East East Asia, which is in the summer of the river at a time of drinking.

At that time, many vehicles are parked on the right side of the road. In such a case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate steering devices and brakes and to safely drive them by accurately manipulating the front and rear sides and the right side.

Nevertheless, under the influence of alcohol, the Defendant was negligent and proceeded on the right side of the pertinent passenger vehicle, and the part behind the left side of the victim C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant did not immediately stop the cargo vehicle owned by the victim and take necessary measures, such as checking the degree of damage, even though the Defendant damaged the cargo vehicle in KRW 4,653,278 by negligence in the course of performing such duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. An adjacent inquiry (D);

1. Written estimate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure that is not taken after destruction) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act [the punishment shall not be more severe than that provided for in Article 38(1)2 and Article 50 of the Criminal Act (the above two concurrent crimes).

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