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(영문) 수원지방법원 안산지원 2015.05.27 2015고단1056
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a CF car.

1. On March 10, 2015, the Defendant driven the said car around 1.4 km from the 319-8 main station in Geumcheon-gu Seoul, Geumcheon-gu, Seoul at the 319-8 main station in the Bluan-dong, the Gyeonggi-gu, Seoul, to the low-speed road in the Haan-dong, the Bluan-dong, Seoul, while under the influence of alcohol content 0.270%.

2. The Defendant, while driving in accordance with the foregoing paragraph 1, was under the influence of the three-lane signal stop in the direction of the lower bank, from the direction of the Geumcheon-dong, the lower court was under the direction of the lower bank.

In such cases, drivers have a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected to do so and received the part of the Defendant’s passenger vehicle behind the passenger vehicle volume in E-mail owned by the victim D (ma, 46 years old) in the traffic atmosphere.

Therefore, the Defendant did not take necessary measures even though he did not destroy the 333,558 won of the damaged vehicle repair dog by occupational negligence as above and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of a report on the state of the operation of a motor vehicle and estimates;

1. Relevant laws concerning criminal facts, and Articles 148-2 (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 destroying or damaging things), and choice of imprisonment with prison labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the sentencing of Article 62(1) of the Criminal Act of the suspended sentence is relatively high, circumstances should be taken into account, such as the following: (a) the Defendant agreed with the victim prior to the prosecution of the instant case; (b) the said victim does not want the Defendant’s punishment; and (c) the Defendant does not have been sentenced to imprisonment or heavier punishment due to the same kind

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