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(영문) 수원지방법원안산지원 2020.10.14 2020고단1459

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 May 15, 2019, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Jeonju District Court Gunsan Branch on May 15, 2019.

On February 14, 2020, at around 09:58, the Defendant driven a DM6 vehicle under the influence of alcohol concentration of about 0.178% from the section of approximately 5.5km from the front of the member-gu, Ansan-si to the front road of the same Sinsan-si.

The defendant is a person who is engaged in driving of a DSS6 car.

On January 31, 2020, the Defendant driven the above SM6 car on January 31, 2020, and led the front side road of Seoul Gangnam-gu, Seoul to the river basin from the F bank to the river basin.

Since there have been a lot of persons driving a motor vehicle on the alley, there was a duty of care to keep a sufficient safety distance with pedestrians and prevent accidents by driving the motor vehicle.

Nevertheless, the defendant neglected to do so and followed by the victim G(38 years of age) who was close to the front bank, and led to the negligence of the defendant's driver's failure to leave the front bank.

Ultimately, even though the Defendant suffered from the defrison of the part in which it is necessary to treat the victim for about two weeks due to such occupational negligence, the Defendant immediately stopped the victim and escaped without taking measures, such as aiding and abetting the victim from the vehicle.

Summary of Evidence

[200 Highest 1459]

1. Defendant's legal statement;

1. Before the judgment of the court on the statement in the circumstantial statement of a driver who was made: Criminal records, etc., the results of confirmation of the previous disposition results, and summary order [2020 order 2804] the police's statement of the defendant concerning G in his/her court statement, traffic accident report (the actual situation investigation report), crime prevention CCTVs and the investigation report on the photograph of the members of the fireworks CCTV images (the filing of victim's medical records, etc.).

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