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(영문) 서울북부지방법원 2020.02.06 2019고단5024

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. On April 27, 201, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the crime of violating the Road Traffic Act at a district district court of Jung-gu on April 27, 201.

On July 7, 2019, around 03:58 on the same day from 03:58 on the same day from Do located in the Dongwon-dong Seoul Mapo-gu Seoul Metropolitan Government, the Defendant driven the Dong branch line with approximately 20km to 0.116% of blood alcohol concentration at the 0.116% under the influence of alcohol level from the Do in Mapo-gu, Seoul Metropolitan City until the Manbro-ro 459-21.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 7, 2019, the Defendant driven the above van on July 03:58, 2019, and led the two-lanes of the two-lanes in Seoul, Nowon-gu, Seoul, to proceed along the one lane in the direction of the government in the direction of the sex, while under the influence of alcohol of 0.116% in blood alcohol concentration.

At the time, two lanes are night, and they were restricted due to construction, so in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while driving the motor vehicle and securing a sufficient distance from the motor vehicle driver and to prevent the accident in advance.

Nevertheless, due to the negligence of being negligent in driving while driving, the Defendant took the back part of the victim C(63 years old) who stopped in front of the Defendant’s car as the front part of the Defendant’s driving. As a result, the said rocketing taxi was pushed in the front part of the victim E(47 years old) who was in front of the said rocketing taxi while driving in front of the said rocketing taxi. Accordingly, the Defendant was able to get the back part of the victim E(47 years old) driving while driving in front of the said rocketing taxi. Accordingly, the victim E is also tight or other taxi.