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(영문) 대전지방법원 2020.12.24 2020고단4032

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On November 29, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Daejeon District Court on November 29, 201.

【Criminal Facts】

The defendant is a person engaged in driving a BM5 vehicle.

1. Around August 22, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car at around 22:40, and was straighten in the direction of the residents' center in the middle-dong, Jung-gu, Daejeon.

In such cases, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear, steering gear, brake and other devices.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving so that the victim D (Nam, 56 years old) who is driving on the right side from the left side of the running direction of the Defendant was driven by the victim D(Seoul, 56 years old) as the front part of the Ethbluri-ri vehicle in front of the above SM5 vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as brain-dead sugar, which requires treatment for about two weeks due to such occupational negligence, and injury to the victim F, who is a passenger of the said Tballa car, such as salt ties, tensions, etc. requiring treatment for about two weeks.

2. Around August 22, 2020, the Defendant driven the said SM5 vehicle under the influence of alcohol with approximately 0.087% alcohol concentration at a section of approximately 1.3km from the front of the Daejeon Seo-gu Daejeon to the front of the same Gu C from August 8, 2020.

Accordingly, the Defendant, in violation of the prohibition of driving under the influence of alcohol not less than twice, was driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate (F), and a medical certificate (D) of the police interrogation protocol of the accused;

1. The report and photograph of the traffic accident, the site photograph of the accident, and the circumstantial statement of the principal driver;