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(영문) 제주지방법원 2020.04.29 2019고단2751
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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 9, 2017, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act from the Jeju District Court.

Notwithstanding the fact that the Defendant was a person who violated Article 44(1) of the Road Traffic Act, at around 00:50 on October 25, 2019, the Defendant driven an E-bred motor vehicle under the influence of alcohol at least 0.066% of alcohol content from the section of about 5km to the front road of the D Child Care Center located in Jeju City, from around 00:50 to the D Child Care Center in Jeju.

2. A person who is engaged in driving of a motor vehicle from E Abspurged by the Defendant in violation of the Road Traffic Act (after-accident).

The defendant, while under the influence of alcohol as stated in paragraph (1), was driving the above vehicle in the state of temporary border, and was driving the roads in front of the D Child Care Center C at Jeju, with the use of the dypam room from the Flusium.

At the time, since it is night and at least a narrow one lane, the driver of the motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and steering the steering gear in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant’s negligence while neglecting this, led the victim G, who was parked on the right side of the running direction of the Defendant’s vehicle, to the left side of the victim G, which was parked on the right side of the driving direction of the Defendant’s vehicle, and shocked into the front part of the Defendant’s vehicle.

As a result, the Defendant destroyed a damaged vehicle due to the above occupational negligence so that it can lead to repair costs, but did not immediately stop the vehicle and did not take necessary measures, and escaped from the site as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I and J;

1. G statements;

1. A report on the actual state of the driver;

1. Investigation report (Examination of blood alcohol concentration of a suspect);

1. An accident site photograph;

1. A statement on criminal records, etc.;

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