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(영문) 춘천지방법원 2018.08.28 2018고단440
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor for up to eight months and by a fine of up to one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2018 Highest 440] On April 24, 2018, the Defendant driven a 200-meter D Abhon vehicle from the front of a restaurant in which the trade name in the Chuncheon City Master’s Zone is unknown while under the influence of alcohol 0.201% during blood transfusion on April 24, 2018 to the front of C in B.

[2018 Highest 474] The Defendant is a person who is engaged in driving of a motor vehicle with sod-lurd motor vehicle.

On March 7, 2018, the Defendant, at around 02:30 on March 7, 2018, had a duty of care to accurately operate the steering direction and brakes while driving the said car and operated it on a narrow road in front of the said car, and by negligence, while driving it on the part of the victim F (G District of the Chuncheon Police Station G District of the Chuncheon Police Station), was parked at the same place, the lower part of the lower part of the lower part on the left side of the said car was shocked with the front part of the left side of the said car.

Ultimately, the Defendant did not provide personal information to the victim even though he/she damaged the lurg patrol vehicle of the above lurged patrol vehicle by negligence in the course of performing his/her duties.

Summary of Evidence

[2018 Highest 440]

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on driving alcohol, a statement of the circumstances of the driver of the driver's license, and a report on the situation of the driver's license under the influence of alcohol;

1. Statement by the defendant in court;

1. A written statement;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and applying Acts and subordinate statutes governing the scene photographs of the accident;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (the point of non-performance of the duty to provide personal information, the choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. The defendant on the grounds of sentencing under Articles 53, 55(1)3, and 6 ( considered as the following favorable circumstances) of the Criminal Act for mitigated amount of punishment shall be punished by imprisonment with prison labor for a period of suspension of execution (a period of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

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