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(영문) 대전지방법원 2021.01.07 2020고단2679
도로교통법위반(음주운전)등
Text

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

On November 29, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) by the Daejeon District Court on November 29, 2010.

The defendant is a person who is engaged in driving a low-priced car.

On May 8, 2020, the Defendant was under the influence of alcohol content 0.074% during blood transfusion 0.074% on May 8, 2020, and the Defendant had a duty of care to look at the front of Daejeon-gu C at the speed of speed in the speed of vision in the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant, while under the influence of alcohol, went away without taking any measure to cause damage to KRW 484,100 of the cost of repairing the damaged vehicle by taking the front part of the victim D (T, South, and 22 years old) parked behind the Defendant’s vehicle and then being parked behind the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a driver employed in the main place, etc., a survey report, and a motion picture for damaged vehicles;

1. Application of a reply to inquiry, such as criminal history, and a copy of the summary order No. 15426 of Daejeon District Court Act No. 2010

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the Traffic Act (on the basis of an option of punishment), Articles 148 and 54(1) of the Road Traffic Act (on the basis of an accident) concerning criminal facts; Articles 148 and 54(1) of the Road Traffic Act (on the basis of an unmeasures taken after an accident); Selection 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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