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(영문) 대전지방법원 홍성지원 2020.06.24 2020고단150

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2007, the defendant was issued a summary order of KRW 2 million by the Suwon District Court due to the crime of violation of the Road Traffic Act.

1. On May 1, 2019, at around 14:50-15:37 on May 1, 2019, the Defendant violated the provisions on prohibition of drunk driving by driving a DNA-II cargo with a blood alcohol content of about 0.220% at a section of about 15km from the 15km section to the front side of the right line C in Gyeonggi-si, Gyeonggi-si, Gyeonggi-si, Gyeonggi-do.

2. The Defendant is a person who is engaged in driving a DPoter II cargo vehicle.

At around 15:20 on May 1, 2019, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol, as described in the preceding paragraph, and proceeded along the three-lane road in front of the Yandong E in Gyeonggi-gu in Gyeonggi-si with the two-lanes of the E-lane from the offline of the F apartment to the offline of the offline of the E-line underground street.

Since there was a cargo vehicle parked on the right side of the time, there was a duty of care to prevent the accident in advance by thoroughly operating the steering gear and operating the steering system properly.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent, and the Defendant left the left side of G cargo vehicle that was parked on three-lanes to the right side of the above cargo vehicle due to negligence.

Ultimately, the Defendant caused physical damage to the above damaged cargo vehicle to the extent that it is impossible to know the repair cost, and escaped as it is, and did not take necessary measures in the event of traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and I;

1. The actual condition of traffic accidents;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Blue boxes, video CDs, photographs;

1. Previous convictions in judgment: Criminal records, investigation reports, and summary orders attached thereto;

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