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(영문) 수원지방법원 성남지원 2020.02.05 2019고단2686
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 01:05 on October 6, 2019, the Defendant driven a motor vehicle with Dben E200K in the state of alcohol alcohol concentration of about 0.08% from the section of approximately 500 meters to the road in front of C building at approximately 0.08 meters around the water area near the water area at Sungnam-si, Sungnam-si.

2. Violation of the Road Traffic Act (Measures Taken after Accidents) the Defendant driven the said car at the above temporary border and led the road front of the post office 27 Do-ro 166, e.g., 166, from the flood direction to the C Building.

At the time, the vehicle was parked in the direction of the defendant's driving, so in such a case, the driver of the vehicle had a duty of care to look at the front side and the left side of the vehicle and to prevent the accident in advance by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant neglected to stop his vehicle while driving the vehicle, which is owned by the victim E, and escaped without immediately stopping the vehicle and taking necessary measures, even though the Defendant’s repair cost 3,722,180 won, such as the exchange of back panions, by taking part of the lower part of the passenger car, which is owned by the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A report on investigation;

1. Investigation report on the actual condition of drinking driving, notification of the results of the control of drinking driving, report on the circumstantial statement of drinking drivers, report on the circumstances of drinking driving, field photographs, report on occurrence of traffic accidents, text messages, and estimates; and

1. The driver's license ledger and the next registered inquiry;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);

1. Relevant provisions of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which provide for the choice of punishment, shall apply to the crime;

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