(영문) 의정부지방법원 2018.06.20 2018고단518

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자간(%)

(영문) 의정부지방법원 2018.06.20 2018고단518

도로교통법위반등

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A defendant shall be punished by imprisonment for one year.

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

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a BM3 vehicle.

On December 17, 2017, the Defendant, while under the influence of alcohol at 0.132% in blood, proceeded at a Cheong-ri-ri level with the roads in front of the Cheong-ri intersection located in the Cheong-ri-gu, Gangwon-gu, Kim Jong-gu, Chungcheongnam-gu, Cheongyang-do.

Since there have been two-lanes in which the central separation cost was installed, the driver had the duty of care to reduce the speed in a clear mental state, accurately operate the steering gear and brakes, to ensure that the driver is responsible for the duty of care to prevent the accident by properly keeping the steering room well and safely.

Nevertheless, the Defendant, while under the influence of alcohol, continues to proceed with the speeding on the right-hand side of the road to the upper right-hand side of the previous one while facing the central separation to the left-hand side of the previous one while facing the damaged vehicle C i30 passenger cars running ahead of the latter part in the same direction and damaged the front glass so that the repair cost of KRW 300,000 shall be KRW 450,000 for repair, respectively.

2. Violation of the Road Traffic Act (Drinking) driving a BM3 vehicle under the influence of alcohol content of approximately 0.132% from the 5K section from the 166-hon-ro 166-ro to the Cheongyang-ri road located in the city of the city of the city of the city of the city of the city of the city under paragraph (1), and from the 166-hon-ro 16-ro to the Cheongyang-ri road located in the same Cheongyang-ri, Kim Jong-dong, Kim Jong-dong, Kim Jong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site map, and on-site photograph;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a motor vehicle insurance policy (B);

1. Article 151 of the Road Traffic Act (the occupational and actual damage and the selection of a credit cooperative), each of the relevant laws and regulations regarding criminal facts, as well as the selection of punishment.

유사 판례

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