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(영문) 춘천지방법원 강릉지원 2013.11.28 2013고단560
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

1. The Defendant is a person who, on May 15, 2008, drives a vehicle under the influence of alcohol with a blood alcohol content of 0.088% at around 0.08% and has violated the Road Traffic Act by driving the vehicle under the influence of alcohol with a blood alcohol concentration of 0.196% at least twice on or around March 2, 2009.

On July 25, 2013, at around 22:53, the Defendant driven CM5 vehicles under the influence of alcohol with approximately 4 km alcohol concentration of about 0.22% from the 4km section to the vicinity of the Dong District of the Gangseo Police Station located in the Dong District of Gangseo-si, Gangwon-si.

2. Violation of the Road Traffic Act (AFS) provided that the Defendant driven the above SM5 vehicle from the center heading around the central center of the Dong-dong in front of the mobilization 183, which is located at the city of Gangseo-si, Gangnam-si, 183, to the front right side of the victim's Ek7 vehicle driven at the center due to the negligence of brea, while driving the said SM5 vehicle at the center.

As a result, the defendant did not damage the victim's vehicle and did not stop so that the amount equivalent to KRW 262,90,00 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Written estimate;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of the same type of summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of running sound, the choice of imprisonment), Articles 148 and 154 (1) of the Road Traffic Act (the point of failing to take measures after an accident, the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lower limit of concurrent crimes for the crimes of violation of the Road Traffic Act, which are heavier than punishment, shall apply to the concurrent crimes for the crimes of violation of the Road Traffic Act); and

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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