beta
(영문) 창원지방법원 2021.02.09 2020고단4152

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Changwon District Court's Jinju branch on August 13, 2009.

1. On November 17, 2020, the Defendant driven a B food car under the influence of alcohol concentration of about 0.066% in the section of about 9km from the 31km road in front of the trade non-fluence point in the Seongdong-gu, Sung-si, Sungwon-si, Sungwon-si, to the front road of the small-type plaza located in the same city at the window of the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

2. The Defendant is a person who is engaged in driving a car B food car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 17, 2020, the Defendant driven the said car with alcohol level of 0.066% from blood alcohol level around 23:50 on November 17, 2020, and driven it along the road of 31-lanes in front of the small-type square in front of the Changwon-si, Changwon-si, along the window, along the four-lanes in front of the small-type square in front of the common intersection.

Since there was an intersection where signal lights are installed in the front bank, there was a duty of care to check whether a person engaged in driving service has a vehicle, etc. to cross the front bank and the left and right, and to drive safely according to the signals.

Nevertheless, the Defendant, while neglecting and proceeding with the vehicle driving signal under the influence of alcohol as above, was negligent, and the part of the Defendant’s driver’s seat in front of the Defendant’s car driving car, which was driven by the victim C(48 S) driveed from the left-hand side of the Defendant’s driving direction to the lower-hand side of the window, was shocked by the Defendant’s driver’s seat part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim;