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(영문) 광주지방법원 2017.04.20 2017고단714
도로교통법위반(음주운전)
Text

1. The punishment of the defendant A shall be eight months of imprisonment;

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 23, 2007, Defendant A received a summary order of KRW 1,50,000,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act ( drinking), and from the same court on July 30, 2012 to a fine of KRW 3,500,000 for the same crime.

On January 23, 2017, the Defendant driven CA car in the section of approximately 1 kilometer from the Pool-ro to the Pool village located in the same Gu calculated-dong, which is under the influence of alcohol content of 0.190% among blood transfusion around 04:30%.

2. On January 23, 2017, the Defendant: (a) was transported to an emergency hospital in the Hasung-dong, Gwangju Mine-gu, by a traffic accident that occurred while driving a C-car under the influence of alcohol, which was driven by the former workplace B around 04:30; (b) the Defendant was transferred to an emergency hospital in the Hanam-dong, Gwangju Mine-gu.

On the same day, the Defendant knew of the fact that he/she committed a crime corresponding to a fine or heavier punishment as above, but at around 05:50 on the same day, at the above emergency room, stated that he/she was under the influence of alcohol while driving the above vehicle while taking a alcohol test using a respiratory measuring device, and led the Defendant to escape from the offender by doing so as to cause a traffic accident.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement on the circumstances of each driver in charge, written consent to collecting blood, and report on the detection of the driver in charge of driving;

1. Investigation report (12 reporter's telephone statement, etc.), traffic accident scene photographs;

1. Previous convictions: Inquiries about criminal history and application of investigation reports (Attachment to summary orders issued by suspect A drinking driving force) Acts and subordinate statutes;

1. Defendant A who is subject to the pertinent legal provisions of the Act on the Safety of Road Traffic and who is subject to the option of punishment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Defendant B who is subject to the option of imprisonment: Article 151 (1) of the Criminal Act; Article 151 (1) of the Criminal Act;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Criminal Act;

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