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(영문) 광주지방법원순천지원 2020.09.09 2020고단70
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a year and a fine of 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On March 22, 2016, the Defendant is a person who has received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Gwangju District Court's net support on March 22, 2016.

The Defendant, around 06:00 on August 11, 2019, corrected and recognized the facts charged.

From the roads adjacent to C companies in the Jeoncheon-si, Jeoncheon-si, to the Jeonyang-dong parking lot in the Jeonyang-si, about 5 km, the Fran-do car was driven under the influence of alcohol concentration of 0.046%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant violated the Road Traffic Act, driving a temporary warning and a franchise-low vehicle as stated in paragraph 1, thereby moving back from the parking lot as stated in paragraph 1.

Since there is a place where another vehicle is parked, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle while living well before and after the vehicle's driver.

Nevertheless, the Defendant neglected this and destroyed the front part of the HK5 car owned by the victim G who was parked there, and did not inform the victim of his personal information, and left the place of the accident without informing the victim of his/her personal information.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Investigation report (the blood alcohol concentration applicable to the Bamark formula);

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. A traffic accident report;

1. An accident site photograph;

1. Written estimate of repair costs;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, and Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (in the case of non-provision of personal information) concerning the facts constituting the crime;

1. Selection of penalty;

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