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(영문) 서울북부지방법원 2021.03.25 2020고단3006
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle B B B B at any time.

On June 14, 2020, the Defendant driven the said car under the influence of alcohol level of 0.205% among blood transfusions on June 14, 2020, and driven the same car along three-lanes along the long distance from the border border of the road of four-lanes in Seoul Dongdaemun-gu Seoul, Seoul Dongdaemun-do.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering gear, and operating the steering and operating system accurately.

Nevertheless, under the influence of alcohol, the defendant's negligence in driving while neglecting it, conflicts with the back side of the victim's KS 5-si driving of the victim who was stopped on the three-lane side of the front side of the defendant.

As a result, the Defendant did not take necessary measures to secure safe and smooth traffic, such as stopping of the victim's car to the extent that the repair cost is damaged by 691,086 won by leaving the victim's car.

2. Around 01:20 on June 14, 2020, the Defendant driven a B B B B B B B B B lue vehicle with a alcohol concentration of 0.205% from the G cafeteria located in Dongdaemun-gu Seoul Metropolitan Government to the front of Dongdaemun-gu Seoul Ha.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written report on the actual status of a traffic accident in D's written statement of the driver who takes the main driver of a vehicle photograph, results of drinking, and written estimate of a report on the detection of

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (3) 1, Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, and imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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