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(영문) 수원지방법원 평택지원 2017.08.30 2017고단1114
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 is a person engaging in driving a motor vehicle that will be involved in driving the motor vehicle B options.

On March 16, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.226% from blood alcohol level around 14:40 on March 16, 2017, and driven the front road in Pyeongtaek-si C along two-lanes from the surface of the two-use vehicle to the surface of the office of registration of Pyeongtaek-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and to properly operate the steering and brake system and to safely proceed with it.

Nevertheless, under the foregoing, the Defendant was negligent in drinking, and the part on the back side side of the F Poter Cargo Loading of the Victim E-driving while proceeding one lane due to the negligence of changing the F Poter Line into one lane.

Ultimately, the Defendant, by negligence in the course of performing the above duties, caused a traffic accident that damages the victim’s cargo vehicle to repair approximately KRW 114,556, and also caused the occurrence of drinking driving, and escaped without immediately stopping the vehicle and without taking necessary measures.

2. On March 16, 2017, the Defendant driven the said vehicle under the influence of alcohol by at least 0.226% in a section of about 4km from the place of accident described in paragraph (1) around March 14:40 to the entrance distance of the office of registration of the car-to-door Do of Pyeongtaek-si on the same Do of Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, a statement on the circumstances of the driver with the main driver, a alcohol appraisal report during blood, and a quotation (Evidence No. 25 No. 5);

1. Relevant legal provisions and Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Articles 148 and 54(1) of the Road Traffic Act (the point of failing to take measures after destruction) and the choice of imprisonment with prison labor, respectively.

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