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(영문) 수원지방법원 안양지원 2021.01.28 2020고단2068
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Power of crime] On January 18, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the Suwon method.

[Criminal facts]

1. On February 12, 2020, the Defendant: (a) driven a Fststy personal taxi under the influence of alcohol content of 0.121% at a 1km section from the 1km section to the front roads of E located in the Gu, the front of the road located in the Gu, Hayang-si on February 22:46, 2020, when the Defendant was under the influence of alcohol with alcohol content of 0.121%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. Violation of the Road Traffic Act (Non-accident after Accidents) Defendant 1 sent the front of the E-road D in Ansan-gu at the same time to the long distance of tolerance.

At the time, the driver of the vehicle was at night and was at night, so there was a duty of care to prevent the accident in advance by thoroughly operating the steering direction and operation system of the vehicle and accurately.

Nevertheless, the Defendant neglected this, as in the foregoing paragraph 1, caused the negligence of driving under the influence of alcohol, and caused the shock absorption and fences located on the left side of the driving direction to be loaded as the front side of the Defendant’s vehicle, and destroyed the shock absorption units, etc. in charge of the management of the victim’s inner city, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Efusing photographs of damaged facilities and the shooting range of ITS video data;

1. A detailed statement of notification on the result of regulating the driving of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant legal provisions, Articles 148-2(1) and 44(1) of the Road Traffic Act (on the part of a person driving alcohol), Articles 148 and 54(1) of the Road Traffic Act (on the part of a person driving alcohol), the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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