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(영문) 의정부지방법원 2020.04.14 2019고단5435
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 5435"

1. The defendant is a person who is engaged in driving a BMW 320D car.

At around 04:20 on October 19, 2019, the Defendant was driving the said vehicle while under the influence of alcohol with 0.159% of blood alcohol level 0.159%, and went on the road in front of the Gyeonggi City “D”, and went back without immediately stopping the vehicle and without taking necessary measures, such as providing personal information, even though the Defendant was negligent in performing his/her duty of care to prevent accidents by accurately operating the steering direction and brake devices, while he/she was negligent in performing his/her duty of care to prevent accidents. The front part of the F QM6 vehicle driven by the victim E, who was stopped on the rear side of the Defendant’s vehicle, was shocked to the front part of the Defendant’s vehicle, and thereby the damaged vehicle was destroyed by approximately 574,696 won.

2. Around October 19, 2019, the Defendant was driving BMW 320D automobiles in the state of alcohol alcohol concentration of about 0.159% at the 1km section from the Do preceding the main point of “D” at the Gyeonggi-ri-si, Gyeonggi-do, to the front day of “D” road at the same time.

On December 11, 2019, the Defendant is a person who was charged with non-detained as a crime of violating the Road Traffic Act (fluence) and is currently pending in trial with the Government District Court on December 11, 2019.

On November 30, 2019, around 00:36, the Defendant driven a BMW 320d car under the influence of alcohol concentration of about 0.04% in the 1km section from the front road of Guri-si H to the first road of the same City I.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

"2019 Highest 5435"

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Report on traffic accidents, report on actual condition, and report on 112 case handling table;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Written estimate;

1. The CDA (Scambling video) "2019No5468";

1. The defendant's legal statement; 1.1.

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