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(영문) 수원지방법원 여주지원 2021.01.19 2020고단1247

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On Aug. 28, 2020, the Defendant driven B-low-income cars under the influence of alcohol concentration of about 0.130% in a section of about 5km from the vicinity of the long-term park located in the original-time site at the original-time stage to the long-distance of 1662, from the beginning of the same hour, around August 28, 2020.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving the said car;

At the same time as in the preceding paragraph, the Defendant driven the said car and proceeded from the apartment side to the D market along the two-lanes of the two-lanes.

At the time, the defendant was getting off at night, and the FEXE car driven by the victim E ( South, 30) was in the front direction of the defendant's proceeding, so the defendant engaged in driving of the motor vehicle had a duty of care to look at the front direction well, and to operate it safely by accurately operating the steering gear and operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, caused the injury to the above victims and the victims G ( South and 40 years old) with the rear part of the above EXE car as the front part of the above EXE car due to the negligence, which led to the above 2-day treatment of the above victims and EXE car.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on a traffic accident (report on actual condition), and report on the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes governing photographs, such as on-site photographs, such as each medical certificate, a detailed statement of treatment, and photographs and video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.