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(영문) 제주지방법원 2021.01.14 2020고단2459

도로교통법위반(음주운전)등

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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

On December 16, 2016, the Defendant issued a summary order of KRW 4 million to the Jeju District Court for a violation of the Road Traffic Act (drinking driving), and on August 30, 2019, the same court issued a summary order of KRW 7 million as a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving).

1. The Defendant is a person who is engaged in driving service of B A. A.640 TID car.

On September 5, 2020, the Defendant driven the said car under the influence of alcohol concentration of 0.132% in blood around 04:57 on September 5, 2020, along the two-lanes between D-lane and D-lane in Jeju at Jeju.

At the time, it was night, and there was a duty of care to operate safely by accurately operating the steering and steering gear by making it possible for a person engaged in driving service to live well on the front side and the left side.

Nevertheless, the defendant neglected to do so and was parked on the right side of the proceeding direction by negligence.

E set the “F G70 Driving car” portion of the F G70 car driven by the Defendant to the right-hand part of the Defendant vehicle, thereby damaging the said G70 car to be in excess of KRW 258,251 per repair cost, and left the site without immediately stopping and taking necessary measures.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a BADI car under the influence of alcohol content of 0.132% in a section of approximately 500 meters from the front of the Gain Park in the direction of G, G, Jeju, and the place of accident described in paragraph 1, from the front of the G, G, and the place of accident described in paragraph 1, at the direction of approximately 100 meters.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident in the police statement protocol against E, the records of the accident and/or photographs at the scene of the accident, the survey report on the situation of the driver at the main place, the investigation report (the situation report of the driver at the main place).