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(영문) 춘천지방법원 영월지원 2015.11.24 2015고단407
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. The Defendant is a person engaging in driving a vehicle B high-speed (accident).

On September 21, 2015, the Defendant, while driving the said car on the road without distinguishing the lanes from the front line of the Eup/Myeon office located in the front line of the Gangwon-gun, the Defendant escaped without taking necessary measures, even though he/she failed to properly operate the steering gear under the influence of alcohol, due to the negligence that he/she was unable to properly operate the steering gear at a string speed from the front line of the front line of the Eup/Myeon office located in the front line of the Gangwon-gun, the Defendant escaped without complying with the front line of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, destroyed the victim’s vehicle to the extent of KRW 415,598 of the repair cost.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.261% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a survey report on the actual condition, a report on the statement of the status of a drinking driver, a notice of the results of the control of drinking driving, and

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 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 destruction of things), and choice of imprisonment for each sentence;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) reflects on the fact that an order to attend a course is rendered [limited to a reasonable circumstance]; (b) purchase of a comprehensive motor vehicle insurance policy; (c) agreement; (d) the same drinking and fine for the last ten years; and (d) the

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