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(영문) 의정부지방법원 2020.11.16 2020고단3060
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 25, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act. On March 4, 2009, the Defendant received a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

1. Around 19:37 May 26, 2020, the Defendant driving a spke vehicle under the influence of alcohol by 0.209% of the blood alcohol concentration from the 28km section from the front of the main point where the trade name is unknown at the south of the Gyeonggi-do, to the front of the Gyeonggi-do Government.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a CSP car.

On May 26, 2020, the Defendant driven the said car while under the influence of 0.209% of alcohol concentration as indicated in the preceding paragraph at around 19:37, and led the said three-lane road in front of B at the Government of the Gyeonggi-si, along with one-lane in the direction of Seoul Set-off in the direction of the car base.

At this point, there was a duty of care to prevent accidents in advance by safely driving another vehicle with a duty of care as an area where the vehicle is combined with another vehicle.

Nevertheless, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle due to the negligence of not operating the steering direction and operation system properly.

Ultimately, the Defendant caused injury to the victim by occupational negligence, i.e., a light signboard disability certificate accompanied by a new ppuri disease certificate that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A driver who has reported the occurrence of a traffic accident and reported the actual condition of a traffic accident;

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