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(영문) 서울중앙지방법원 2020.09.09 2020고단2278
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On January 8, 2020, the Defendant violated the prohibition of drunk driving.

‘A summary order of KRW 6,00,000 was issued by the above court on May 6, 2020 when a summary order of KRW 6,00,00 was issued for a charge of a violation of the Road Traffic Act (Seoul Western District Court 2020 high-level 1028).

【Criminal Facts】

[200 Highest 2278]

1. On January 24, 2020, the Defendant was under the influence of alcohol level of 0.048% on or around January 24, 2020, the Defendant driven a vehicle with CMW 118dd car at the section of approximately 1.1km from the front of Seocho-gu Seoul, Seocho-gu to the front road of the cM 1.1km away from the front of Seocho-gu, Seoul Do to the front road of the cM 1.1km away from the previous road of the cM.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

[200 Highest 2445]

2. On January 27, 2020, while the Defendant was under the influence of alcohol at around 10:25 on January 27, 2020, the Defendant driven the said BMW car from the parking lot located in Seocho-gu Seoul Metropolitan Government to around 0.05% of blood alcohol concentration at around 0:25, the Defendant driven the said BM car at the section of approximately 900 meters from the parking lot located in Seocho-gu Seoul Metropolitan Government to the “F” located in the same Gu E.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

[200 Highest 4202]

3. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a Gbenz car.

Around 10:50 on May 17, 2020, the Defendant driven the Haz's car and continued the front road of Gangnam-gu Seoul Metropolitan Government H to the Cheongdog-gu away from the Hadog-gu away of the Hadog-si.

In such a case, there was a duty of care to prevent accidents in advance, such as accurately operating the steering direction and brake system of the vehicle, well-being the front, rear, and left, and maintaining the safety distance.

Nevertheless, due to the negligence of neglecting this, the Defendant failed to discover the Jniboo vehicle in the front line of the victim I (I, 49 years old) driving in the front line of the vehicle without a driver's license, thereby driving the said benz vehicle.

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