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(영문) 창원지방법원 밀양지원 2020.05.28 2019고단621

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a person who is engaged in the business of operating a b sprink, a sprink, and a sprink.

On November 18, 2019, the Defendant driven the above cargo while under the influence of alcohol 0.205% with a blood alcohol concentration of 0.205%, and led the front road of the “D” company located in Sinnam-gun, and instead, was driven by the Docheon-do Public Security Center from the territorial sea to the Docheon-si Security Center.

At the time, the Defendant, prior to the same direction, went through the rear of the Fros Freight truck driven by the victim E (the age of 56), has a duty of care to ensure that a person engaged in driving of a motor vehicle is well aware of the operation of the motor vehicle that is driven ahead of the motor vehicle in a clear spirit, to secure and proceed with a safe distance to avoid it when the vehicle stops, and to prevent the accident by accurately operating the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, found it late to stop on the front side of the Madros Cargo with negligence in the course of the business, and received the rear part of the said Madros Freight in front of the said Madros Freight flaps.

As a result, while driving a motor vehicle under the influence of alcohol, the Defendant suffered injury, such as salt chills, tensions, etc., in need of approximately two weeks of treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to the actual condition survey report, field report photograph, traffic accident occurrence report, report on the situation of traffic accidents, investigation report, report on the actual condition of a drinking driver, notification on the results of the drinking driving control, written request for blood appraisal, inquiry on the results of the blood driving control, inquiry on blood alcohol, diagnosis certificate, diagnosis certificate, report on detection of a drinking driver, and report on the investigation (STV image verification);

1. Relevant provisions of Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the proviso to Article 3 (1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.