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(영문) 서울동부지방법원 2021.01.08 2020고단2935
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 sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[200 Highest 2935] On August 25, 2020, the Defendant driven a BCCORD 3.5 car in the state of alcohol alcohol concentration of about 0.24% while under the influence of alcohol concentration of 0.24% in the ACCOD 3.5 car from the head of Seoul Gwangjin-gu to the head of the AcCO located in the AcCO 265 (Gu Dong Dong), in front of the week where it is impossible to know the trade name near the station of the session located in Dongdaemun-gu Seoul Metropolitan Government session.

[200 Highest 3453] The Defendant is a person engaged in driving a B fishing code car.

On August 25, 2020, the Defendant driving the above car around 23:17, and driving the three-lane road in front of Dongdaemun-gu Seoul Metropolitan Government at a non-speed in the direction of visible distance from the intersection of the session to the intersection of the session.

At the time, at night and the center line is installed in the center line above the center line, so in such a case, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the safe operation of the steering system to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected his duty to see on the front side by occupational negligence, and neglected the duty to see on the front part of the vehicle in front of the vehicle in front of the Defendant driving, and continued to go beyond the road for the separation of the lanes 9 on the side of the left side of the Defendant, which are managed by the Sung-dong Road Business Office located on the upper part of the Defendant’s driving direction.

Accordingly, the Defendant, by occupational negligence, destroyed the separation zone of the above line to be in excess of KRW 2,250,000 for repair, and immediately stopped and did not take necessary measures to remove the traffic obstacle and danger.

Summary of Evidence

[200 Highest 2935]

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident report;

1. Notification of the results of the crackdown on the driving of alcohol, the statement of the situation of the driver under the influence of alcohol, and the investigation report (the report of the situation of the driver under the influence of alcohol).

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