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(영문) 춘천지방법원 영월지원 2020.01.21 2019고단501
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2009, the Defendant was given a summary order of two million won or more as a fine for a violation of the Road Traffic Act in a monthly support of the Chuncheon District Court.

On October 21, 2019, at around 04:13, the Defendant driven a D Lasta car in the state of alcohol alcohol concentration of about 0.169% from the 20km section from the roads near the Gangwon-si B market to the roads in front of the Gangwon-gun, Gangwon-do.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant violated the Road Traffic Act (measures after Accidents) at the time and time set forth in paragraph (1) of this Article, while driving the said vehicle while under the influence of alcohol, driving the said vehicle, and driving the road in front of the Gangseo-gun E road from the jurisdiction of the private Eup/Myeon office to the jurisdiction of the private road box, the Defendant, who was installed on the right side of the road, received the CCTV pole for the crime prevention, which is owned by the victim regular vessel and military administration located on the right side of the said vehicle, from the road surface, destroyed it to approximately four million won of the repair cost.

As a result, the Defendant left the scene without taking necessary measures, such as stopping and reporting, even though he/she caused danger to traffic, such as shaking of the said pole.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, on-site photographs, notification of the results of the drinking driving control, and estimates;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of punishment:

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