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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3393

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On April 2, 2013, the Defendant was sentenced to a suspended sentence of two years in the Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury resulting from Dangerous Driving). On February 18, 2014, the Defendant was sentenced to a suspended sentence of six months in imprisonment with labor for a violation of the Road Traffic Act (Dangerous Driving).

【Criminal Facts】

1. On October 7, 2019, at around 02:25, the Defendant: (a) driven B cam truck under the influence of alcohol content of about 9km from the section of about 9km to the Cheongan-ro 1147, which is located in the cambling of the Gyeonggi-si, Gambling-si, Gyeonggi-do, to the Cheongan-ro 1147.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol more than twice.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a B truck.

The Defendant driven the truck on the temporary border as stated in the above paragraph (1) and led to the flow from the intersection to the port side of the intersection.

At the same time, the signal lights were installed as a private-distance intersection, and thus at night, there was a duty of care to safely drive the person engaged in driving of a motor vehicle while accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, received signals, etc. managed by the victim sowing who was installed on the front part of the truck, which was installed on the delivery, on the front part of the truck.

Ultimately, the Defendant damaged the above signals by negligence in the course of performing his duties to cover approximately KRW 10,120,000 for repairing costs.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Inquiry into the results of the crackdown on drinking driving and notification thereof;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol concentration;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Criminal facts;