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(영문) 수원지방법원 2020.04.03 2019고단7387

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

On July 9, 2014, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a crime of violation of the Road Traffic Act.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a car B K5 car;

On October 26, 2019, at around 01:40, the Defendant, while under the influence of alcohol of 0.106% of blood alcohol concentration, 0.106%, was driving at approximately 70 km per hour in the direction of both sides in the direction of both sides in the direction of the original ginseng.

At the time, there are nights and vehicles other than Defendant’s driving cars, so in such a case, there was a duty of care to look at the right and the right and the right of the driver well, maintain the distance with the front and the right and the right of the driver, and drive safely.

Nevertheless, under the influence of alcohol, the Defendant neglected it and received the back portion of the said cargo vehicle in front of the Defendant’s passenger vehicle by negligence without reducing speed despite the FF truck of the victim E(the age of 41) driving, which was proceeding in the same direction as the Defendant on the front side of the Defendant.

Ultimately, the Defendant suffered injury, such as the damage to the left-hand side of the victim, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant, while under the influence of alcohol 0.106% at the time and time set forth in paragraph (1) of this Article, driven B K5 cars from the 10km section to the 10km away from the 0km adjacent to the 0.10km of the wife population at the time, to the place set forth in paragraph (1).

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Report on the circumstantial statement of the driver, investigation report (report on the circumstances of the driver), and inquiry into the results of the crackdown on the driving of the driver;

1. A medical certificate;

1. Records of judgment: Criminal history records;