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(영문) 서울중앙지방법원 2019.10.11 2019고단5355

도로교통법위반(음주운전)등

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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

[criminal power] On July 10, 2008, the defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Busan District Court's branch court's branch court's order on July 10, 2008, and a summary order of KRW 2 million for the same crime in the same court on February 24, 2009.

【Criminal Facts】

The defendant is a person engaging in driving a BMW 1 car.

1. Around 13:30 on July 4, 2019, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.065% from the D store located in Suwon-gu, Busan to the F Bank in front of the F Bank located in E, around approximately 500 meters.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car under the influence of alcohol by 0.065% at the time stated in paragraph (1) and driving the said car along the two-lanes between the two-lanes from the boundary of the horizontal intersection to the long-distance long-distance distance.

In such cases, drivers have the duty of care to prevent accidents by accurately operating steering the steering and brake system in the front and the surrounding traffic situation and other vehicles, while maintaining the distance of the vehicle in a safe way.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly examine the traffic situation in the front and the surrounding areas, was driven by the victim G while driving in the front section by negligence, and received a part of the lower part of the lower part of the Defendant’s driver’s vehicle behind the HH A5 car that was driven by the victim G.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of treatment, due to the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The result of the leakage of victim blackbox CDs 1.