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(영문) 서울서부지방법원 2016.10.04 2016고단2447
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 29, 2016, the Defendant driven a B Sti-type car under the influence of alcohol leveling 0.201% of alcohol level, around July 23, 2016, at a distance of about 1km from the roads near the Eunpyeong-gu Seoul Metropolitan Government Busan Middle School to the roads in front of the Eunpyeong-gu Seoul Metropolitan Government 93-lane.

2. Around 23:20 on July 29, 2016, the Defendant was driving as a driver of B SP-type car under the influence of alcohol concentration of 0.201%, and driving the road in front of Eunpyeong-gu Seoul Metropolitan City at a speed of 20-15-14 Tri-distance from the right direction of the Gusan Middle School, thereby driving the road at a speed that is unknown in the direction of 20-14 Tri-distance.

In such cases, a person who drives a motor vehicle as his/her duty has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as accurately operating the steering side and steering system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant’s vehicle on the side of the right side of the E Costaex vehicle owned by the victim D and the front side of the Gpoter vehicle owned by the victim F and the front part of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, attempted to escape without checking the damage situation or taking necessary measures, such as reporting on the cause of a traffic accident, by destroying or stopping the E Cost 2,34,319 won, G Posp vehicle in repair cost 1,490,193 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Traffic accident report, actual condition survey report (1), traffic accident report, actual condition survey report (2), and control manual;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. The driving under the influence of alcohol under Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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