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(영문) 부산지방법원 2018.08.16 2018고단1944
도로교통법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of BMW car.

On March 16, 2018, the Defendant, while under the influence of alcohol 09:21% of the blood alcohol level, did not 0.182% prior to the traffic route of “D” located in Busan-gu, Busan-gu, and did not take the right and the right of the utility line, and caused the telecommunication line owned by the victim KT to the front part of the Defendant’s driver’s car, which was shocked by the telecommunication line to the front part of the lower part of the passenger’s car, and shocked up the victim’s “D”.

Ultimately, the Defendant destroyed the telecommunication poles owned by the Victim KT Co., Ltd. by the above occupational negligence, thereby damaging the amount equivalent to KRW 1,204,00,000, and damaged the victim E’s D signboard by repair cost of KRW 990,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes to a traffic accident report, a report on the detection of drivers at home, a report on the circumstances of drivers at home, an investigation report, an inquiry into the results of crackdown on drinking driving, a written statement of each traffic accident, a criminal investigation report (in the scene of an accident and photographs of vehicles under suspicion), an investigation report, an investigation report, or an investigation report (in the event of an accident), and a report on the detection of drivers at home;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 151 of the Road Traffic Act (the point of destroying goods in the course of performing duties and property, the selection of imprisonment without prison labor) concerning facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation is that the defendant led to the crime, and his mistake is divided. However, the defendant, despite the fact that he was subject to criminal punishment due to drinking and non-licensed driving, has caused an accident that he is driving again, and the degree of alcohol concentration in blood at the time of driving under the influence of alcohol is very high.

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