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(영문) 대전지방법원 공주지원 2018.11.23 2018고단423
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2018, the Defendant driven a DSS5 vehicle under the influence of alcohol content of about 0.087% at the section of approximately 1.5km from September 29, 2018 to around 171-6 in the center of the Eup/Myeon from September 29, 2018.

2. On the date and time specified in paragraph 1, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) led the roads located in 184 in the center of Chungcheong-gun, Chungcheong-gun, Chungcheongnam-do along the one-lane radius from the Cheongyang High School to the Cheongyang-gun, Cheongyang-gun, Cheongyang-do.

In such a case, the defendant engaged in driving service has a duty of care to drive safely by properly operating the steering direction and brake system by taking into account the right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected to do so, as described in paragraph 1, and did not live well, and was parked on the right side of the progress direction due to negligence, such as the e.g., the part of the driver’s post-driving of the F E, Inc. owned by the victim E, which was parked on the right side of the progress direction, was shocked by the front part of the Defendant’s vehicle.

As a result, the Defendant destroyed the victim's vehicle due to the above occupational negligence and scattered on the road, thereby causing danger and obstacle to road traffic, but did not immediately stop the vehicle, and escaped from the site without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and notification of the results of regulating drinking driving;

1. Written estimate;

1. Application of the Acts and subordinate statutes to black stuffs video (ROMs);

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident) concerning the facts constituting an offense, the choice of imprisonment, and the choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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