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(영문) 의정부지방법원 2015.07.15 2015고단496
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment 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

On March 18, 2011, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on March 18, 201, and was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 27, 2014.

On December 17, 2014, the Defendant did not obtain a driver's license on December 17, 2014, but operated the said car while under the influence of alcohol of 0.076%, and continued to operate the access road to the car at the right point of the upper line as the Olympic 93-ro, Gangdong-gu, Seoul.

In such cases, a driver of a motor vehicle has a duty of care to live closely in the traffic situation while lowering the speed and drive the motor vehicle safely.

Nevertheless, due to the negligence of being negligent in driving a vehicle while under the influence of alcohol, the Defendant received concrete protective walls on the left-hand side of the front-hander of the vehicle, and received a re-protection wall on the right-hand side of the vehicle and received a re-protection wall on the lower-hand side.

The Defendant destroyed the concrete protective wall of the above accident to be in the vicinity of the market price of repair cost, and destroyed (State) to be KRW 58 million of the repair cost for the Drocketing car owned by the Dorenter car. In particular, the Defendant escaped without taking necessary measures for preventing dangers and smooth communication on the road, despite that the above Gununa car was returned on the road and was in the condition that the occurrence of additional traffic accidents interfered with the smooth traffic flow of the vehicle and caused the risk of additional traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, accident site and vehicle photograph;

1. Report on the results of the drinking driving control, the notification of the results of the drinking driving control, and the report on the state of drinking drivers;

1. Judgment.

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