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(영문) 의정부지방법원 2020.11.11 2020고단4239

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the defendant who is engaged in driving B.

On July 28, 2020, the Defendant driven the said car under the influence of alcohol level of 0.13% on blood alcohol level around 04:28, and moved the road of five lanes in front of the C Apartment in South Yangyang-si, Namyang-si, along the direction of the five-lanes of D elementary schools from the surface of the wall shooting distance.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to safely drive the motor vehicle by keeping the vehicle in line with the direction 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 are accurately

Nevertheless, the Defendant was negligent in driving under the influence of alcohol and did not properly observe the vehicle line due to the negligence that the Defendant failed to keep the vehicle line properly, and received the front portion of the Defendant’s car left behind the left side of the F car driving car driven by the victim E (Nam, 32 years old) who was in the signal atmosphere to turn to the left at a one-lane road facing the direction of the Defendant’s right-hand.

As a result, the Defendant suffered injury to the victim, such as salt chills, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence in a state where normal driving is difficult under the influence of alcohol.

2. On July 28, 2020, the Defendant was driving a B-low-income vehicle under the influence of alcohol level of about 0.133% from the section of about 5km from the beginning of the Hendong-gu Seoul Metropolitan Government Imprison to the front road of the Namyang-si Seoul Metropolitan City, Seoyang-si.

Summary of Evidence

1. The defendant's legal statement E written statement, the report on the traffic accident (on-site investigation report), the report on the occurrence of the traffic accident, and the records of the accident 1.