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(영문) 수원지방법원 평택지원 2017.08.16 2017고단1103
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] The Defendant is a person who received a summary order of KRW 1,500,000 from the Suwon District Court on October 18, 2013 to a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 5 million for the same crime from the Suwon District Court on March 25, 2015.

[Criminal facts]

1. On May 2, 2016, the Defendant: (a) driven a D Ttibl vehicle without obtaining a driver’s license under the influence of alcohol concentration of 0.179% from the date front of a non-fluence store in Pyeongtaek-si, Seo-dong on May 2, 2016 to the road front of the C convenience store in the same city.

2. On May 2, 2016, the Defendant violated the Road Traffic Act is a person driving a D Tbluri-car as a duty. Around 02:30 on May 2, 2016, the Defendant driving of the said Tbluri-ri-car car, leading directly to the direction of 55 hours from the surface of the extension of the C convenience store in Pyeongtaek-si B.

Since there is a road where a central line is installed, in such a case, a driver who operates a vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, brakes, and other devices of the vehicle while living well.

Nevertheless, the Defendant: (a) caused the damage of the victim E-owned vehicle that was parked adjacent to the road at which the driver was under the influence of alcohol due to the occupational negligence while driving a motor vehicle without obtaining a driver’s license; (b) caused the damage of the above K5 vehicle, which was scrapped by the Defendant’s vehicle at the end of the road at which the 7,760,000 won is equal to the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. A written appraisal of alcohol during blood;

1. The driver's license ledger;

1. Investigation report (the statement of victim E);

1. A traffic accident and a written confirmation of payment resolution;

1. Each photograph;

1. A previous conviction: A written inquiry, a written inquiry, and a written investigation report (the previous confirmation) legislation.

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