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(영문) 서울동부지방법원 2017.08.11 2017고단1811
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On November 29, 2016, the Defendant issued a fine of four million won for a violation of the Road Traffic Act at the Jung-gu District Court on November 29, 2016, and a fine of five million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on February 10, 2017.

1. On May 8, 2017, the Defendant was under the influence of alcohol level of 0.164% from around 03:26 on May 8, 2017 without a driver’s license for a vehicle, and operated B Hegel vehicle in the 4km section from the front day of the Lao-distance in Gangdong-gu Seoul Metropolitan Government to the front day of the dong-gu Green Park in Gangdong-dong, Gangdong-gu, Seoul.

2. On May 8, 2017, the Defendant violated the Road Traffic Act (after-accidents), driving a vehicle to Hegel on May 8, 2017, and driving the vehicle at the above Hegel on the Hegel level, leading the front road of Gangdong-gu Seoul Metropolitan Government to a remote distance protection from the ecological park on the surface of the southIC bank.

Since it is a road that carries out a D construction, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the entire traffic condition.

Nevertheless, the defendant did not immediately stop the construction site entrance, etc. managed by the victim E due to negligence while neglecting it under the influence of alcohol, and did not take measures, etc. necessary to prevent the danger and smooth communication on the road, even though the above facilities are damaged to ensure that the repair cost is approximately KRW 1,935,710,000 of the above facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. A ledger of driver's licenses and a record of measurement of drinking;

1. Previous convictions: The application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report accompanied by a summary order);

1. Article 148-2(1)1, Article 44(1)1, Article 152 subparag. 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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