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(영문) 광주지방법원 순천지원 2020.04.22 2019고단2229
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

Criminal facts

On December 26, 2016, the Defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act in the Gwangju District Court's net order support.

1. On August 3, 2019, the Defendant driven a mar car under the influence of alcohol with a blood alcohol concentration of 0.104% at the section of approximately 1.7km from the 1.7km to the front road of the darma shooting pool located in the public parking lot of 1,000 local government, which is located in the 1.7km-dong.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a BP car.

On August 3, 2019, the Defendant driven the said car on August 23, 2019, and proceeded with the so-called "Sacheon-si Sacheon-si Sacheon-si Sacheon-si Sacheon-si Sacheon-gu Sacheon-do Sacheon-do Sacheon-do

Since it is an intersection, there was a duty of care to safely drive the car with the driver's duty of care.

However, while neglecting the above duty of care, the Defendant, as stated in the above paragraph (1), was negligent in driving a motor vehicle while under the influence of 0.104% of alcohol level, and the Defendant shocked the front part of the said motor vehicle with the view to preventing the entry of the motor vehicle on the crosswalk.

As a result, the Defendant, while destroying the repair cost of KRW 2,040,50, the repair cost, was immediately stopped and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (actual survey report) (1) (2) and on-site photographs;

1. Report on the situation of running in the primary state, investigation report (suspected driving section) - Nene map;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power), application of Acts and subordinate statutes governing summary orders;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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