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(영문) 대전지방법원천안지원 2020.12.18 2020고단2814

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for two years.

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 17, 2015, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daejeon District Court's Support on 17, 2015, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the same court on August 8, 2017.

【Criminal Facts】

1. Around September 22, 2020, the Defendant driven a DNA car with a blood alcohol concentration of about 0.219% from around 1.5km to around 23:08 on September 22, 2020 to around 1.5km from around the Seo-gu Incheon-gu B apartment in Seoan-gu to the front road of the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The defendant is a person who drives a DNA car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 22, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.219% around 23:08, while under the influence of alcohol, and led the Defendant to drive the said car along three-lanes in the vicinity of the Western-gu, Western-si C, the two-lanes of the two-lane roads in the one hand distance.

Since at night, in such a case, the driver of the motor vehicle has a duty of care to take the front door well, to accurately manipulate the steering and brakes, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (Nam, 24 years old) who was in the atmosphere of the signal at the two-lane due to the negligence of neglecting this, and was driven by the Defendant as the front part of the Defendant’s driving car.

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. A medical certificate;

1. A traffic accident report, a survey report on the actual condition, an accident site photograph, a notification of the results of the crackdown on drinking driving, a circumstantial statement of a drinking driver, and a dact measuring instrument;