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(영문) 인천지방법원 2016.02.24 2015고단7356
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 K3 car.

On October 20, 2015, the Defendant driven the said car under the influence of alcohol content of 0.238% during blood transfusions on October 20, 2015, and driven it at a speed of about 40km in the speed of 0.238% from the 102-lane, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, Seo-gu, to the front of the Amino Office Officetel, located on a 10-day 102-lane from the heart to the middle of the eropoch, the Defendant proceeded at a speed of about 10km in speed.

At the time, there is a center line of yellow solid lines, so a person engaged in driving service has a duty of care to make a internship at the place where the internship is permitted.

Nevertheless, the Defendant neglected to do so and instead neglected the center line and left the center, which was parked on the road in front of the Madon Office Officetel, the victim C owned by the victim, who was parked on the road in front of the Madon Office Office at the center. The Defendant received the top top top of the Dadon of the vehicle owned by the Defendant’s driving as the front driver of the Da3 car, and caused the damaged non-products of the Dadon vehicle to be abandoned on the road

Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures, such as immediately stopping and checking damage, even though the Defendant destroyed a vehicle owned by the victim C with the highest level of repair cost of KRW 4,319,357, such as the exchange of back panions.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of written estimates for automobile inspection and maintenance;

1. Relevant Articles 148, 54(1) (a) of the Road Traffic Act concerning facts constituting an offense, and Articles 148, 54(2)1, and 44(1) (a) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflectability and absence of any past record of punishment of imprisonment without prison labor or heavier);

1. Article 62(1) of the Criminal Act (wholly considered in light of the above circumstances) 1.

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