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(영문) 의정부지방법원 고양지원 2019.05.24 2019고단934
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

1. Around 00:26 March 7, 2019, the Defendant was driving a motor vehicle with the body of 0.080% of the blood alcohol concentration in the condition of being drunk at 0.080% from the road front of a cafeteria cafeteria at the port of Yongsan-gu, Yongsan-si to the same Gu’s front roads via the same Gu’s front roads.

2. The Defendant is a person engaging in driving a car with physical examination of E.

On March 7, 2019, at around 00:26, the Defendant driven the said car under the influence of alcohol, as set forth in Paragraph 1, and led it to turn to the left from the direction of the Plsan-dong, Yongsan-gu, Busan to the left from the Plsan-si.

In this case, there was a duty of care to prevent accidents in advance, such as making a person engaged in driving of a motor vehicle abundance and left and left well, and accurately operating a steering boat and brake system.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and neglected to go to the left at the next week, and instead neglected to go to the left, the back portion of the GM5 car owned by the victim F(F) who was parked at the same place (78 years old) was left by the Defendant and received the back portion of the car from the Defendant.

Although the Defendant damaged the victim’s car repair cost to be equivalent to KRW 1,065,90 by occupational negligence above, the Defendant did not immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. The actual condition survey report;

1. Notification to a department related to 112 reported cases;

1. Application of Acts and subordinate statutes to report internal investigation and make a report on investigation (statement of a victim vehicle);

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident and the choice of imprisonment) concerning criminal facts.

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