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(영문) 의정부지방법원 고양지원 2021.03.26 2020고단3384
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

[criminal history] On May 14, 2013, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (drinking driving), etc. in the support for the development of the Sugwon method, and was sentenced to a summary order of one million won for the same crime on November 24, 2006 from the original state branch of the Chuncheon District Court.

[Criminal facts]

1. Violation of the Road Traffic Act (CB) is a person who is engaged in driving service of CK5 cars owned by the Bank of Korea.

On November 2, 2020, the Defendant driven the said car under the influence of alcohol level of 0.121% at around 01:00, while driving the car, and driven the road in front of the E church located in Seo-gu, Seosan in the Gyeonggi-gu in the Gyeonggi-gu in the Gyeonggi-gu economy, along with one lane between the 3-dong Administrative Welfare Center and the F apartment.

At the time, there are nights, and there are fences and fences at the center of the road, so in such a case, there was a duty of care to prevent accidents in advance by driving the vehicle with a duty of care to prevent accidents by accurately manipulating and accurately operating the steering system.

Nevertheless, the Defendant neglected to do so and did not neglect his duty on the front side while under the influence of alcohol and was negligent in proceeding without neglecting his duty on the front side, and received the iron pents of the central separation unit installed on the above road as the front part of the Defendant’s car.

The Defendant did not immediately stop the pents and take necessary measures so that the amount equivalent to KRW 2,308,766 of the repair cost by negligence in the course of performing the above duties, and the Defendant left the site as they were, without immediately stopping the pents.

2. The Defendant violated the Road Traffic Act (drinking driving) driven C K5 cars while under the influence of alcohol at the time, place, and blood alcohol level of 0.121% above the date and time set forth in paragraph 1.

Therefore, although the defendant had a record of punishment for drinking driving, he again driven the car under the influence of alcohol.

Summary of Evidence

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