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(영문) 수원지방법원 안산지원 2017.01.10 2016고단4338
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Jinwon District Court's Jinju branch on December 22, 2006. On May 22, 2007, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court. On April 9, 2009, the Defendant was sentenced to a suspended sentence for 6 months in imprisonment without prison labor due to a crime of violating the Road Traffic Act (drinking) in the Support of the Ninwon Ginwon Finwon.

Criminal facts

The defendant is also a person who is engaged in driving a car.

On August 4, 2016, the Defendant driven a car with alcohol content of 0.225% in blood without a driver's license on August 4, 2016, while under the influence of alcohol, and led to a speed of about 30 km per hour at a speed of about 0.25% in the event of the game at the time of the game.

At the same time, there was a duty of care to prevent accidents caused by smoke by accurately manipulating the steering direction and brakes in proceeding because the roads are narrow due to vehicles parked on both sides as side roads.

Nevertheless, the Defendant neglected to do so and was parked on the right-hand side of the passenger car owned by the victim E (the 36-year old-old) who was parked on the right-hand side of the passenger car owned by the victim E (the 36-year-old). The Defendant was also aware of the crypt part of the crypt in front of the right-hand side of the car.

Accordingly, the Defendant damaged the property owned by the victim to require repair costs equivalent to KRW 899,918 to the damaged vehicle due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection and the driver's license ledger;

1. Written estimate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 151 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of sentence - Violation of traffic laws on roads shall be punished by imprisonment;

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