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(영문) 전주지방법원 군산지원 2019.07.26 2017고단1433
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On December 17, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s Gunsan Branch on December 17, 2008, and on May 24, 2010, the same court issued a summary order of KRW 2.5 million as a fine for the same crime.

【Criminal Facts】

As above, the Defendant, as a person who has been punished more than twice due to a violation of the Road Traffic Act (driving on a sound driving), was driving a Efran vehicle under the influence of alcohol of about 0.145% from the 3km section from around 09:20 on October 21, 2017 to the front roads in the same city C from the 3km section from the 09:20 on the roads in front of the Gunsan City B apartment to the front roads in the same city.

At around 05:40 on December 19, 2017, the Defendant: (a) destroyed the said car owned by the victim, who was driven by H, without any justifiable reason, on the front of G in Gunsan-si, which was driven by the Defendant on the road without any reason, due to the influence of alcohol on the front of the G, which was driven by H, under the influence of influence of alcohol; (b) opened up the front of the said car’s Twits, which stopped on the front of the J-Systatha car owned by the victim, and opened up twice by two strings; (c) strings, again down the front door of the driver’s seat and walking the front door once again; and (d) caused the malfunction of the driver’s seat to walk the repair cost.

Summary of Evidence

"2017 Highest 1433"

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Notification of the results of the control of drinking driving [the previous years] criminal records, etc., and investigation reports (the confirmation of the punishment records of drinking driving]; 2018 Highest 14;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of K and H;

1. Application of Acts and subordinate statutes, such as photographs of vehicles damaged by a suspect;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 366 of the Criminal Act; the choice of imprisonment for a crime;

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

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