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(영문) 제주지방법원 2013.09.27 2013고단592
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. On April 27, 2013, the Defendant violated the Road Traffic Act ( sound driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as “A”) driving a taxi under the influence of alcohol of 0.242% by blood alcohol concentration from April 19:35, 2013. From the Defendant’s residence to the “C” front of the road located in Jeju City B from the Defendant’s residence to the “C” located in the 1km section.

2. The Defendant violated the Road Traffic Act by driving the said taxi at the date and time set forth in Paragraph 1, and driving the said taxi into the North Korean territory in three lanes prior to the “C”. However, under the influence of alcohol, by failing to accurately operate the steering steering system, the Defendant destroyed the road, etc. owned by the victim Jeju-si located on the right side of the above side of the road by shocking the street, etc. owned by the victim Jeju-si located on the right side of the Defendant’s running direction to the right side of the road, thereby damaging the construction cost of KRW 4,676,810.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to field photographs, mandatory insurance inquiries, traffic accident reports1, 2 (Investigation Reports on Actual Conditions), blood alcohol appraisal reports, and estimates;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 46 (2) 2, Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 151 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment without prison labor or imprisonment with prison labor for a crime of violating the Road Traffic Act by causing damage or destruction of property in the course of performing duties;

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

1. Suspension of execution: Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing), considering all the following circumstances as the reasons for sentencing, shall be determined as ordered by the sentence. The favorable circumstances that recognize the facts of crime: The level of blood alcohol content is very high.

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