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(영문) 서울북부지방법원 2020.11.26 2020고단2562
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

[criminal power] On October 9, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court, on June 16, 2016, to a summary order of three million won for the same crime, respectively, at the Jung-gu District Court on the same day, and on January 18, 2018, at the Seoul Northern District Court on the Seoul Northern District, the Defendant was sentenced to a suspended sentence of eight months for a crime of violation of the Road Traffic Act (Refusal of Drinking Measures) and the judgment became final and conclusive on January 26, 2018.

【Criminal Facts】

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On February 10, 2020, the Defendant, while under the influence of alcohol 0.087% with blood alcohol concentration around 19:30% on February 10, 202, she proceeded to turn to the left at the right turn at the two-lane roads in front of Seoul Jung-gu Seoul Metropolitan Government Sports Association C.

At all times, there is a private-distance intersection where a sign of signal lights and a non-protective left turn is installed, so if a person engaged in driving of a motor vehicle intends to make a non-protective left turn at the said intersection, he/she has a duty of care to drive the motor vehicle by driving the motor vehicle with a duty of care to check whether there is a motor vehicle that is directly engaged in driving at the front and rear and check whether there is a motor vehicle

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the F Two-wheeled Motor Vehicle driven by the victim E (Nam, 25 years old) who was driving in front of the passenger vehicle in front of the Defendant’s driver’s vehicle in front of the vehicle in front of the direction.

As a result, the Defendant suffered injury to the victim, such as salt bars, tensions, etc., in need of treatment for about two weeks due to an occupational accident caused by the foregoing occupational negligence, and violated the prohibition of driving under the influence of alcohol at least twice.

Summary of Evidence

1. A statement of traffic accident status in the preparation of the defendant's legal statement E;

1. The actual traffic accident investigation report, the details of detection, and the driver of the incident video CD.

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