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(영문) 서울북부지방법원 2021.03.25 2020고단2328

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving service of WW125EX2 124CC.

On April 8, 2020, around 08:18, the Defendant continued to drive a two-lane road in front of the Seoul Southernbuk-gu Seoul Metropolitan Government C in the direction of alcohol concentration of 0.202% in blood. The Defendant, while under the influence of alcohol level in the influence of alcohol level, was driven in the direction of the flow from the basin of the remote distance of the U.S. to the monthly channel.

Since there was an intersection where signal lights are installed, there was a duty of care for those engaged in driving motor vehicles to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and proceeded with the front part of the E G80 car driven by the victim D, who had been driven by the Defendant on the left side of the running direction of the Defendant at the same speed while he was under the influence of the vehicle suspension signal due to the negligence of the Defendant’s failure to neglect it, and the front part of the EG80 car driven by the Defendant.

Ultimately, the Defendant damaged the said car to the extent of KRW 1,597,506, such as the repair cost, such as the royalty, after the aforementioned negligence in the course of business.

2. Around April 8, 2020: (a) around 08:18, the Defendant driven B WW125EX2124CC under the influence of alcohol concentration of approximately 0.202% in the section of approximately 190 meters from the front of the Seoul Northern-gu Seoul Northern-ro to the front of the same Gu C, while under the influence of alcohol leveling to about 0.202%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written report on the actual condition of the driver in charge of the main vehicle, investigation report (report on the actual condition of the driver in charge of the main vehicle), and written notice of the results of regulating drinking driving;

1. Article 148-2 (3) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 151 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment