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(영문) 대전지방법원 서산지원 2020.01.16 2019고단973

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

[criminal power] On July 12, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on July 12, 2007, and a summary order of KRW 2 million for the same crime in the same court on February 8, 2019.

【Criminal Facts】

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person who drives a passenger car with B low-speed.

On July 29, 2019, around 22:15, the Defendant, located in Seosan City C, was going to proceed in the direction of e apartment in the vicinity of D oil stations in the direction of e-house from the intersection of the Jeju Jeju Jeju Island.

At the time, it was difficult at night, and the location is a bend road to the right side. In such a case, a person engaged in driving service has a duty of care to look at the front side and the right side, accurately operate the steering direction and the brakes, and safely operate the trains and to prevent accidents by safely operating them.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant, and was negligent beyond the central line, and the utility operator was able to use the utility model installed on the opposite side to the roadway by shocking the front side of the vehicle with the power plant located on the opposite side.

The Defendant, by the above occupational negligence, destroyed the utility poles owned by the Korea Electric Power Corporation, and the utility poles caused traffic hazards by using on the road, left the site without any measures, and escaped from the site.

2. Around July 22 and 15, 2019, the Defendant driven a B low-speed car with a blood alcohol concentration of 0.085% from the G road located in Seosan City F to the front road of D oil stations at approximately 900 meters.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the occurrence of traffic accidents;

1. The investigation report shall be made in part after the accident; and