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(영문) 춘천지방법원 2020.06.18 2020고단184
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On July 12, 2019, the Defendant was punished by a fine of 3.5 million won at the Chuncheon District Court as a violation of the Road Traffic Act.

At around 20:50 on January 24, 2020, the Defendant driven a ek-car from the front of the 'C convenience store in Hongcheon-gun, Hongcheon-gun, Gangwon, Hongcheon-gun' before the ‘C convenience store', while under the influence of alcohol with 0.122% of the blood alcohol concentration without a driver's license, the Defendant driven a ek-car at a section of approximately 300 meters in front of the intersection.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle with E car.

The Defendant, like the above paragraph (1), proceeded in front of the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, with the face of the terminal from the intersection to the side of the terminal.

A driver has the duty of care to safely operate by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected to drive a vehicle while under the influence of alcohol and caused the damage to the 1.8 million won of the repair cost by receiving the traffic signs installed in the central separation zone from the front part of the Defendant’s vehicle, thereby leaving the vehicle alone.

As such, the Defendant caused a traffic accident and did not take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Report on internal investigation - On-site entrance status, etc.;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act applicable to the relevant criminal facts, subparagraph 1 of Article 152, Article 43, Article 148, or Article 54 (1) of the relevant Act (a point of view of failing to take measures after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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;

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