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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3381
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 October 8, 2014, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 8, 2014, and on October 21, 2016, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

On July 29, 2019, at around 06:26, the Defendant driven a B-hand motor vehicle with the blood alcohol concentration of 0.130%, and driven the front road of Dongducheon-si along the two-lanes.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant was negligent in neglecting the influence of alcohol, and was found to have been on the side of the driver's seat of G 6.5 tons truck owned by GFF corporation owned by the Defendant FF corporation.

Ultimately, the Defendant destroyed a truck owned by the victim due to the above occupational negligence, caused an obstacle to traffic by breaking off the road, and does not immediately stop the road and take necessary measures, and runs away without taking necessary measures, and violated the prohibition of driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the actual condition survey report (1 and 2), the circumstantial statement of a drinking driver, and the results of the drinking control;

1. A statement and field photograph of H;

1. Criminal records as stated in the judgment: Two copies of the judgment and the application of Acts and subordinate statutes as a result of inquiry;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;

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