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(영문) 수원지방법원 2020.08.20 2020고단2676
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2012, the Defendant received respectively a summary order of KRW 3 million from an Ansan District Court’s Ansan Branch as a crime of violating the Road Traffic Act (driving) and a fine of KRW 3 million on August 29, 2016 from an Ansan District Court’s Ansan Branch as a crime of violating the Road Traffic Act (driving).

On February 9, 2020, at around 03:21, the Defendant driven B K5 vehicles under the influence of alcohol by 0.11% in the section of about 5km from the road near the Jinjin-gun, Gangnam-gun, Gangnam-gun, to the speed limit on the road in front of the Jinjin-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. Violation of the Road Traffic Act (Ch.A.) The Defendant, at the same time and at the same time, driven the above K5 car in front of the C.A., under the influence of alcohol, while driving the above K5 car in front of the C.S. C., Song-gu, Chungcheongnam-gu, Chungcheongnam-do, Seoul, under the influence of alcohol.

In such cases, a person engaged in driving service has a duty of care to drive safely for prevention of accidents, such as not driving under the influence of alcohol, and accurately manipulating the steering gear, brake system, etc. while living well on the front.

Nevertheless, the Defendant neglected to do so and thereby, caused damage to the repair cost to be equivalent to KRW 1,283,128 on the right-hand side of the running lane due to the negligence driven while under the influence of alcohol, and left the accident site without taking any measures even though the front side of the K5 car was stopped toward the direction opposite to the direction of the driving.

Summary of Evidence

1. Defendant's legal statement;

1. Written estimate;

1. The actual condition survey report, accident photograph, the report on the circumstantial statement of a drinking driver, the investigation report, the notification of the results of the control of drinking driving, the detailed statement of handling each 112 reported cases, and the investigation report (related to the telephone investigation of the reporter);

1. Previous convictions in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of two copies of summary orders;

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