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(영문) 인천지방법원 2014.07.09 2014고단2581
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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. Around 03:40 on March 17, 2014, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.212%, driven the CAp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

2. The Defendant violated the Road Traffic Act driving the said vehicle as a temporary border as above, and driving the road at the 335-7 Do Do Do dong, Nam-gu, Incheon, Nam-gu along one lane between the three-lanes, at a eternal speed from the Do dong to the Do dong.

At the time, it was a new wall and a road opened there, so in such a case, the defendant engaged in driving a motor vehicle has a duty of care to properly see the front side and the right and the right and the right and the right and the right and the right of the motor vehicle and prevent the accident from occurring.

Nevertheless, while under the influence of alcohol, the Defendant got off the central line due to the negligence of driving the said vehicle, and was installed at the left-hand delivery of the moving direction, the utility poles, street lamps, and CCTV for crime prevention owned by the Southern-gu Office of Incheon Metropolitan City.

As a result, the Defendant damaged the telecommunication poles, etc. owned by the victim by the occupational negligence above to cover approximately KRW 18,850,401 in sum of repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driver report, a performance-based survey report, and a criminal investigation report (compact application);

1. Application of each written estimate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act, and Article 151 of the Road Traffic Act (the occupation of a person driving, the choice of imprisonment), and Article 151 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Jan. 1, 2009)

1. Suspension of execution;

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