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(영문) 대전지방법원 천안지원 2019.03.07 2018고단2848
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant received a summary order of KRW 1,50,000,000,000,000 from Daejeon District Court’s Daejeon District Court’s Branch as a crime of violation of the Road Traffic Act (driving). A fine of KRW 4 million was imposed on September 1, 2014, and on July 17, 2017.

【Criminal Facts】

The defendant is a person who is engaged in driving a motor vehicle B.

On September 25, 2018, the Defendant was under the influence of 05:20% of blood alcohol concentration of 0.13%, and the Defendant was driving the car in the above recognified manner, and was driving at a speed that would not be known in the direction of F apartment from the direction of E apartment, depending on two lanes of the two-lane roads in the front of D in the Asia-si, Asan City.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by safely driving the motor vehicle, such as taking a front, left and right well, and accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant, as part of the front part of the car in front of the said re-fluent passenger car, shacked into the cargo partitions of the Hpoter No. 2 located on the two-lanes of the said road, which is owned by the victim G, and got a fence installed on the road and on the boundary of delivery, with the vehicle in front of the said fluent passenger car, which is parked on the two-lanes of the said road, and caused the said fluent vehicle to be sealed in India, thereby damaging the repair cost of the said fluent vehicle, 2,950,264 won, and the amount for which the fence of the said fluentr cannot be identified, and escaped without immediately stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A survey report on actual conditions and a field map;

1. Photographs of the accident site;

1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (former records and fact-finding) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 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 accidents), and the choice of imprisonment with prison labor, respectively;

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