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(영문) 의정부지방법원 2017.02.03 2016고단5079
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On April 4, 2016, the Defendant driven CMW vehicles under the influence of alcohol concentration of 0.132% at the 40km section from the main station near the Gyeongju-si in Gwangju-si to the Cheongwon-gu Government, the Defendant driven CMW vehicles under the influence of alcohol concentration of about 40km.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a alcohol appraisal report and a report on the detection of a primary driver among blood;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The circumstances favorable to the fact that the Defendant was punished by a fine of KRW 1,50,000 on August 29, 2016 due to driving of drinking again even after driving of the instant drinking: The Defendant’s deep reflects on the recognition of the instant crime; the Defendant has no record of crime except for a fine once, and the Defendant’s age, sexual behavior, environment, means and consequence of the instant crime, etc. shall be determined by comprehensively taking into account various factors of sentencing as indicated in the arguments in the instant case, such as the following circumstances.

Rejection of Public Prosecution

1. The summary of the facts charged is a person engaged in driving of CMW automobiles.

On April 4, 2016, around 04:30, the Defendant was straighted from the 44km-dong, Howon-dong, Howon-dong, Seoul, at the 44km-dong, a third-lane.

At the same time, they had a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle, who is in the vicinity of the heading of the outer circular road.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and conflict with the boundary stone and fare collection facility machinery owned by the head of the family.

Ultimately, the Defendant damaged the charges collection facilities, machinery, etc. owned by the victim's family head office by the above negligence, which amounted to KRW 13,870,000.

2. This part of the facts charged is the Road Traffic Act.

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