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(영문) 전주지방법원 2020.09.16 2020고단403

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:30 on December 12, 2019, the Defendant driven a E rocketing car with a blood alcohol concentration of about 0.151% from the 2km section of approximately 2km from the 3rd-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City, to the roads near D in the Jeonjin-gu, Seoul Metropolitan City.

2. On December 12, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said car under the influence of alcohol concentration of 0.151% on blood alcohol level on December 23, 2019, and led the said car to proceed from the side of the innovation city to the film filming.

At the time, the Defendant was followed by the G QM3 car driven by the victim F (the age of 48) in the same direction, and therefore, the Defendant had a duty of care to safely proceed by examining the situation well.

Nevertheless, the Defendant, while being under the influence of alcohol and was negligent in driving so that the part of the back part of the victim's vehicle, which was stopped for the signal atmosphere, was shocked by the front part of the Defendant's vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and suffered from the injury of the victim, such as the pipe of the part in which it is not possible to treat the victim for about two weeks, and the tension and tension of the detailed part.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. F’s report on hearing of statements;

1. A medical certificate;

1. The application of Acts and subordinate statutes, such as a survey report on actual condition, an accident site photograph, a report on the circumstantial statement of the driver himself/herself, a report on whether he/she drives any danger, and a report on whether he/she drives any blood alcohol appraisal;

1. Article 148-2(3)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and Article 44(1) of the Road Traffic Act (amended by Act No. 16922 of Feb. 4, 2020).