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(영문) 수원지방법원 성남지원 2021.02.10 2020고단2160
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 23, 2020, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B B B small-type car on May 23, 2020, led to a three-lane road from the right side to Seoul, along with a three-lane road near the right side of the road at high speed, which is located in the 257-3 Hamnam-dong, the Mannam-gu, the Mannam-gu, the Mannam-gu, the Mannam-gu

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to operate a steering boat and brake in a safe manner by accurately operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol level 0.196% in blood, was unable to properly operate the brake system due to the negligence of neglecting the operation of the brake system at the front time in a state where normal driving is difficult due to influence of alcohol, caused the Defendant’s injury, such as d SM5 vehicle’s back spread in the front part of the Defendant’s driving vehicle, which was driven by the victim C( South, 47 years old) in the front day of the Defendant’s driving vehicle, by taking the back part of the d SM5 vehicle driving in the front part of the Defendant’s driving vehicle for about three weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B B in the state of alcohol alcohol concentration of 0.196%, while under the influence of alcohol leveling to the high speed 0.196%, from the date set forth in paragraph (1) to the road adjacent to the road adjacent to the Haak-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, field photographs, vehicles under consideration, and photographs of the damaged vehicles;

1. Notification of the results of regulating the driving of drinking, report on the situation of the driver of drinking, and measurement photograph of drinking;

1. A report on investigation and internal investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2(3)2 and 44(1) of the Road Traffic Act (the point of driving alcohol).

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