(영문) 춘천지방법원 강릉지원 2017.04.25 2017고단81

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(영문) 춘천지방법원 강릉지원 2017.04.25 2017고단81

도로교통법위반(음주운전)등

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

1. On December 6, 2016, the Defendant driven DK 5 vehicles under the influence of alcohol with approximately 0.253% alcohol concentration from the 2km section from the 2km road to the C tea road at the 08:04 Dong-dong, Song-dong, Song-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and Dong-dong.

2. The Defendant is a person engaging in driving service of DK5 vehicles.

On December 6, 2016, the Defendant driven the above vehicle at around 08:04 and proceeded with the roads in front of C in the East Sea at the time of the East Sea.

At that time, there were vehicles parked on both sides of the road, so in such a case, the driver of the vehicle has a duty of care to live well on the front side and the left side and to safely drive the parked vehicles.

Nevertheless, by negligence, the Defendant neglected the influence of alcohol and proceeded without examining the right and the right and the right and the part of the lower part of the Fworket No. E owned by the victim, which was parked on the right side of the Defendant’s running direction, was taken into consideration as the part front of the right side of the Defendant’s driving direction, and the part of the lower part of the H-wing and top-down vehicle owned by the victim G, which continued to be parked on the left side of the Defendant’s running direction, was received in front of the right side of the Defendant’s driving direction.

Ultimately, the Defendant, by occupational negligence, failed to immediately stop and take necessary measures while destroying and damaging 649,668 won of the repair cost, such as the exchange of rocketing vehicles, etc., after the said wing vehicle, to drive KRW 2,326,178.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E and G;

1. The actual survey report and photographs related to traffic accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of each written estimate statutes;

1. The relevant Article of the Act and the traffic law of choice of punishment concerning the facts constituting the crime;

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