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(영문) 서울동부지방법원 2021.02.03 2020고단3925
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

On December 26, 2008, the Defendant was issued a summary order of KRW 300,000 as a crime of violating the Road Traffic Act (drinking driving) by the Seoul Western District Court.

1. A person who is engaged in driving a vehicle BMW 118D by the Defendant in violation of the Road Traffic Act (after the accident).

On September 3, 2020, the Defendant driven the said car under the influence of alcohol level of 0.0648% among blood transfusions on September 3, 2020, and proceeded at a speed of about 40km at a speed of about 40km from that of the instant three-lane, at the entrance of D Underground Road in Gwangjin-gu Seoul Special Metropolitan City, along two-lanes from that of the instant three-lane.

At the time, the two lanes are night and the one lane and the two lanes enter the D Underground Road are installed between the two lanes and the three lanes, so the driver of the motor vehicle has a duty of care to safely drive the wheel and the right and the right and the right, and to prevent the accident in advance by operating the wheel and the steering system accurately.

Nevertheless, the Defendant neglected to do so and operated a mobile phone without putting the front door while under the influence of alcohol, and by negligence operated the mobile phone, received the shocking device installed as above from the front part of the said car as it was.

Ultimately, the Defendant, by occupational negligence as above, destroyed the road facilities so that the amount equivalent to KRW 3,100,000 is equal to the repair cost, but did not immediately stop the road facilities and take necessary measures, such as checking the situation of damage, and escaped without leaving the said car alone as it is.

2. Around September 3, 2020, the Defendant was driving BMW 118d cars under the influence of alcohol leveling 0.0648% at approximately 80 meters from the frontway of Gwangjin-gu, Seoul to the entrance of D underground vehicular roads located in the same Gu C, around September 3, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

(i) the evidence;

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