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(영문) 서울동부지방법원 2021.03.12 2020고단3366
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

1. On January 18, 2008, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic laws at the Seoul Eastern District Court on the summary order on June 24, 2014, a fine of KRW 2,00,00 as a fine for a violation of road traffic laws (driving) at the Jung-gu District Court on June 24, 2014, and on May 4, 2015, a summary order of KRW 5,00,000 as a fine for a violation of road traffic laws (driving), respectively.

On September 14, 2020, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 0.155% from the Do in front of the “C” located in Seongdong-gu Seoul Metropolitan Government, to the front road of Seongdong-gu Seoul Metropolitan Government D at approximately 300 meters.

As a result, the Defendant violated the prohibition of driving under the state of driving under the state of driving stipulated in Article 44(1) of the Road Traffic Act not less than twice.

2. The Defendant is a person who is engaged in driving a rocketing car in violation of the Road Traffic Act (after an accident).

Defendant 1 operated the said car on the front road of Seongdong-gu Seoul Metropolitan Government F at the time of the day set forth in the above paragraph 1, thereby driving it in the direction of H elementary school from G middle school direction.

At the time, a motor vehicle is parked at night and at the right and right and right and right, and in such a case, a person engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle, such as taking a road situation in the front and right and accurately manipulating the steering and brakes of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and brakes of a motor vehicle under the influence of alcohol, and caused the collision between the left-hand side of the JM5 motor vehicle and the front-hand part of the JM5 motor vehicle, which was parked on the right-hand side of the motor vehicle.

Ultimately, the Defendant’s occupational negligence leads to approximately KRW 2,730,849 of the repair cost, such as the exchange of the said SM5 car for a crime.

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