logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.05.08 2019고단5171
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

1. Around 16:20 on June 29, 2019, the Defendant driven a e-motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.221% from the 4km section from the front of the Cnyang Factory located in Cnyang-si B to the front of the Gurisi-si.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a ES car.

At around 16:20 on June 29, 2019, the Defendant driven the said radar car under the influence of alcohol concentration of 0.221% with a five-lane road in Guro-si, Kuyang-si, the Defendant continued to drive the said radar car directly from the south-si, Southern-si, with four-lanes from the south-si, southyang-si, the west-si, the area of which is located.

At the same time, G urban bus driven by the victim F (the 39-year-old) had a duty of care to prevent accidents in advance by properly operating the steering and steering the steering system and operating it safely, since the G urban bus driven by the victim F (the 39-year-old) was stopped for the purpose of traffic signal.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the lower part of the bus stopped in the front section of the said passenger vehicle was found to be the front part of the said passenger vehicle.

Ultimately, the Defendant damaged the bus by negligence in the course of performing the above duties to cover approximately KRW 411,862 of the repair cost, such as the exchange of back pans.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 1, 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 151 of the Road Traffic Act (the point of causing damage to property by negligence and the choice of imprisonment without prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

arrow