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(영문) 수원지방법원 2016.05.18 2016고단1167
도로교통법위반(사고후미조치)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

[criminal history] The Defendant received a summary order of KRW 3 million from the Suwon Friwon on October 23, 2013 to a fine of KRW 3 million for a violation of the Road Traffic Act (dacting driving), and from the Suwon Friwon on February 17, 2016 to a fine of KRW 3 million for the same crime.

[2] On March 3, 2016, the Defendant is a person who is engaged in driving a Drocketing car, and the Defendant was under the influence of alcohol of 0.139% of alcohol concentration in blood without a vehicle driver’s license on March 3, 2016, while driving the said vehicle on three-lane road in front of the F cafeteria E in Suwon-do Construction Headquarters to the gold-dong office located on the side of Gyeonggi-do Construction Headquarters, while he was negligent in performing his duty of care in the front direction while he was under the influence of alcohol, and the Defendant did not take necessary measures to prevent pedestrian congestion and street, etc. installed on the right side of the Defendant’s driving vehicle, which was shocked to the part front of the right side of the Defendant’s driving vehicle, so that the sum of the repair cost of the above walking prevention wing and street, etc. is 3,218,600 won.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Written estimate;

1. On-site photographs of traffic accidents;

1. Criminal records as stated in the judgment: References to inquiries, such as criminal history, investigation report (report on filing of a copy of a summary order issued by the suspect A, the violation of the same road traffic law (driving driving)), and application of three copies of the summary order decision;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Reduction of a certain amount of punishment: Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that a mistake is pened and the fact that a fine has not been exceeded has not been exceeded, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment);

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