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(영문) 대전지방법원 천안지원 2019.07.18 2019고단967

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 23:20 on March 23, 2019, the Defendant, while under the influence of alcohol at a 0.140% of blood alcohol concentration, driven a vehicle EK7 vehicle in approximately 2km from the road near the C cafeteria located in Seoan-gu, Seoan-gu, Seocheon-gu, Seoan-si to the front road in Seoan-gu, Seoan-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving E K7 cars.

On March 23, 2019, at around 23:20, the Defendant driven the said car while under the influence of alcohol of 0.140% of blood alcohol concentration, and led to a three-lane road in front of the Western-gu, Western-gu, Western-si along one-lane from the private distance of the National Culture Center for Women to the private distance of the Statistics Korea.

In this case, the driver of the vehicle has a duty of care to drive the vehicle safely by checking the traffic situation of the frontway, such as accurately operating the steering and brakes while checking the traffic situation.

Nevertheless, the defendant neglected this and neglected to drive normally due to influence of drinking, and led to the failure of the defendant to drive normally due to the influence of drinking, which led to the back of the victim vehicle in front of the vehicle.

Ultimately, the Defendant suffered from the injury of the victim H (25 years of age), and the victim I (26 years of age), who is a partner of the said victim and the vehicle of the said victim, by negligence in the course of performing the above duties, each of the following injuries, such as salt ties, tensions, etc., for which treatment for about two weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A traffic accident report, actual condition survey report, traffic accident occurrence report, and accident site photograph;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' statement, the ledger of use of a drinking measuring instrument, and notification of the completion of correction;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Gu;