beta
(영문) 대전지방법원 홍성지원 2020.02.11 2019고단728

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

1. On February 14, 2017, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act in the Daejeon District Court's red support.

On August 23, 2019, at around 00:50, the Defendant driven a DNA sports cargo vehicle under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.128% at the section of about 1.5km from the breakwater in the written marina of Yancheon-gun, Chungcheongnam-gun to the same Gun B, and from the 1.5km distance intersection in front of the C regularly.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a Dexton sports cargo vehicle.

On August 23, 2019, at around 00:50, the Defendant driven the above cargo while under the influence of alcohol with 0.128% of alcohol level, and led to the intersection of three-distance in front of the west-gun, Chungcheongnam-gun, Chungcheongnam-do, to the red port from the direction of the math port.

At the time, it was night, and there was a cross-road crossing of the bend and bend, so in such a case, the driver had a duty of care to prevent accidents by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the Defendant, while neglecting the influence of alcohol, went away from the vehicle line and went to the marina port due to the negligence of the Defendant’s negligence, brought the front part of the victim E (38 years old)’s f1 ton and Ⅲ’s f.m.’s f.’s f.m.’s f.’s f.m.’s front part of the sports cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Notification of a survey report on actual condition and the control of drinking driving;

1. A medical certificate;

1. On-site photographs;

1. Previouss before ruling: Criminal records, reply reports, and records of the same kind of investigation reports;