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(영문) 수원지방법원 안양지원 2019.10.29 2019고단1625
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. On August 1, 2019, the Defendant violated the Road Traffic Act (unclaimed Measures after Accidents) at around 03:43, while driving a B car with a blood alcohol concentration of 0.178% and driving the B car at the speed of at least 0.178%, the Defendant, while driving the B car with a blood alcohol concentration of 0.178%, was at the right angle in front of the C in front of the Gu, going through the Gu office in the direction of the Gu office, by negligence in the course of business, without accurately operating the steering direction and the steering gear, and immediately after passing through the said intersection, the central separation zone of the Gu office’s management was received from the front line of the said car while flying the said intersection to the extent of KRW 1,551,000 for the repair cost and immediately stopping the vehicle and without taking necessary measures.

2. Violation of the Road Traffic Act (LA) the Defendant driven a B car while under the influence of alcohol with a blood alcohol concentration of about 0.178% at the section of approximately 2.3 km from the 130-meter radius in front of the 130-on basin in the underground at the time of the above temporary border to the front of the F agency in the same Gu E.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

1. On-site drivers, full-time drivers, statement statement, and investigation report (the report on the status of the employer drivers);

1. Accident site and vehicle photograph;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 148 and Article 54 of the Road Traffic Act (a point of view after-accident), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (a point of view for sound driving) of the Road Traffic Act, and the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's age, character and conduct, environment, details of the crime, circumstances before and after the crime, and other various conditions of sentencing as ordered by the defendant.

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