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(영문) 대전지방법원 홍성지원 2017.01.25 2016고단806
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

[criminal history] On August 22, 2007, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (dacting driving) at the Young-gu District Court Young-gu District Court’s Young-gu Branch on August 22, 2007, and a fine of KRW 2.5 million for the same crime at the Jeju District Court on June 29, 201.

[Criminal facts]

1. On August 16, 2016, the Defendant violated the Road Traffic Act (drinking) two or more times, and once again driven a Crocketing car under the influence of alcohol concentration of about 0.138% from the 5km section of the blood alcohol level to the front roads of the Defendant’s house in the same military, from the street in front of the restaurant “Korea-nam Budget-Eup,” the Seoul-nam Budget-Eup on the budget-Eup on August 16, 2016 to the day before the Defendant’s house in the same military.

2. On August 16, 2016, the Defendant violated the Road Traffic Act (i.e., an accident) (i., an accident) driven by the said rocketing car around 22:08, and led to the intersection of the private distance in front of the budget Eup budget of the Chungcheongnam-gun to the Gun Office of the budget from the apartment on the day of the settlement of the budget to the private distance.

Since there is a cross-section where traffic control is not carried out as a one-lane road, a person engaged in driving service has a duty of care to enter the intersection after checking whether there is another vehicle entering the intersection with a view to 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

Nevertheless, the Defendant neglected this and entered the intersection without examining well the right and the right and the Defendant was negligent by entering the intersection and driving the intersection from the left side to the right and operated by the victim D to the right and left side, and received the parts behind the right and the front part of the Elsta car.

Ultimately, the Defendant, by negligence in the course of business as above, destroyed a car to be repaired in an amount equivalent to KRW 1,713,485, which is owned by the victim and escaped without immediately stopping the car and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, on-site photograph, and on-site photograph;

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