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(영문) 전주지방법원 정읍지원 2021.02.16 2020고단147

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic laws at the Jeonju District Court’s branch court around July 2, 2012.

[Criminal facts]

1. Around 16:35 on March 19, 2020, the Defendant violated the Road Traffic Act (e.g., measures not taken after an accident) started driving a DNA-learning car with a alcohol content of 0.129% under the influence of alcohol during blood in C before the North Chang-gun, North Chang-gun on March 19, 202.

In such cases, there was a duty of care to safely drive a person engaged in driving service by checking well the rear side.

Nevertheless, the Defendant neglected to do so and went away without taking necessary measures, such as by taking the front gate of the victim E-driving vehicle F-C-C-W-C-W-C-W-C-W-C-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. On March 19, 2020, the Defendant: (a) driven the above-learning car under the influence of alcohol content of 0.129% from the section of approximately 20km from the area of 20km to the above G village via the place specified in paragraphs (1) from the Go Chang-gun G G in North Chang-gun around 16:35, 2020; and (b) again driven the above-learning car under the influence of alcohol content of 0.129%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Five copies, such as on-site photographs, four photographs of the vehicle (D), three photographs of the vehicle in question;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Two copies of the notification of the department related to the report of 112 case; and

1. A report on internal investigation (related to the details of the measurement of drinking, the communication between victims E, the submission of a written estimate for repair costs, and the operational section);

1. A report on investigation (limited to video materials and shock of damaged houses);

1. Previous convictions: The application of criminal history inquiry and investigation reports (one time the suspect's drinking records)-related Acts and subordinate statutes;

1. Criminal facts;