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(영문) 청주지방법원 제천지원 2021.01.21 2020고단300
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 8, 2019, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Cheongju District Court.

[Criminal facts]

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of B rocketing cars.

On June 9, 2020, the Defendant driven the above rocketing car at around 12:30 on June 12, 2020, and proceeded to turn to the left from the right edge to the right edge.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering system and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant’s direction, and the Defendant was placed with the instant rocketing car, and was separated from the center of the road on the left-hand side, and received the roadside roadsides immediately.

After all, the Defendant damaged the street trees worth KRW 870,00,000, which are managed by the single-income group due to the above occupational negligence, and the market value of KRW 2,651,00.

2. On June 9, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) and the Act on Guarantee of Automobile Compensation, the Defendant driven a B rocketing motor vehicle not covered by the automobile mandatory insurance at a section of approximately 1.2 km from front to the place of accident in which the first accident occurred, on the roads of the F apartment in the Mayang-gun, without obtaining a driver’s license around 12:30 on June 9, 2020

3. A defendant who violated the Traffic Act on June 9, 2020 and reported on the occurrence of a traffic accident as stated in paragraph (1) at around 112:30 on June 12, 2020, driving a motor vehicle while under the influence of alcohol by the defendant, such as the flow of alcohol from H in the situation where he belongs to the G District of the Yangyang Police Station G District, drinking, snicking, sniting, and inabruous,

There are reasonable grounds to determine the seal, and the same day from 13:40 to 14:27.

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