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(영문) 창원지방법원 2020.11.06 2020고단2971

도로교통법위반(음주운전)등

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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

On July 7, 2016, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a BSP car.

On August 22, 2020, the Defendant driven the said car as his duties while under the influence of alcohol of 0.134% of blood alcohol level on August 22, 2020, and continued the front road of Kim Sea C from D to the seat of Kim Sea Library.

At the time of the defendant's car, the Fststy taxi driven by the victim E (57 years old) stops in order to ensure the signal atmosphere, so in such a case, the driver had a duty of care to look at the front 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 right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting it and received the back part of the above taxi as the front part of the passenger car of the Defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a spak car as stated in paragraph (1).

On August 22, 2020, at around 04:15, the Defendant operated the said car without mandatory insurance from around 1km section from the front of the restaurant in the trade name of Samnam-si, Kim Jong-si to the front road of the same city.

3. The Defendant, at the time and place specified in Paragraph 2, driven the sprink car under the influence of alcohol by 0.134% in blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. Before judgment: