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(영문) 광주지방법원 장흥지원 2019.01.24 2018고단231
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Around 00:00 on November 2, 2018, the Defendant driven a dial vehicle with a blood alcohol concentration of about 700 meters from the front of the apartment house B in Jeonnam-gun, Seoul to the direction of the building C in the same military, while under the influence of alcohol of about 0.218% from the 700-meter section to the direction of the building C in the same military.

2. When any goods are damaged by traffic, such as driving of a vehicle in violation of the Road Traffic Act, the driver of the vehicle shall immediately stop the vehicle and take necessary measures;

Around 00:00 on November 2, 2018, the Defendant driven a Down Car, and left to the left at the right edge of the apartment entrance in front of the apartment apartment located in the direction of the front of the apartment apartment. On the left edge of the course, the Defendant: (a) destroyed the said cargo vehicle with the repair cost of KRW 1,038,762, which was parked on the left edge of the course; and (b) went away from the road without taking any measure; and (c) went away from the site without taking any measures.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Investigation report on actual condition, notification of the results of the drinking driving control, and application of written estimates-related Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 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;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest penalty shall be the concurrent crimes with the penalty determined for a violation of the Road Traffic Act of heavier punishment, but the lowest penalty shall be the same as the concurrent crimes of violation of the Road Traffic Act);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The elements of sentencing on the grounds of sentencing under Article 62-2 of the Criminal Act, including the probation, community service order, and order to attend a lecture, and the Defendant’s age, character and conduct, environment, circumstances of crimes, and crimes.

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