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(영문) 대구지방법원 2016.06.16 2016고단300
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 11, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law at the Changwon District Court on August 11, 201, and a fine of KRW 7 million for the same crime at the same court on May 2, 2014, and the Defendant was sentenced to a fine of KRW 7 million for the same crime, and the Defendant was sentenced to one more times each.

[Criminal facts] The Defendant is a person who is engaged in driving a sports vehicle B. C.

On December 25, 2015, the Defendant driven the above vehicle while under the influence of 0.155% without a driver's license of a motor vehicle on December 25, 2015, and was driving in the direction of a water purification station in the direction of a water purification station in the direction of a flow-distance distance from the direction of a water purification station in front of the D convenience point in Busan Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so and immediately left thereafter, and received the front part of the Victim E (F 24 years old) driving F i30 passenger cars standing in the rear bank as the front part of the vehicle in the above column.

As a result, the Defendant destroyed the said i30 car to be in excess of 304,225 won for repair, but failed to immediately stop and take necessary measures, such as aiding the damaged person, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Written estimate;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (former and copy of the summary order) by statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Trade name;

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