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(영문) 광주지방법원 2021.03.18 2020고단6661

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 19, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court. On March 29, 2016, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

[Criminal facts]

1. The Defendant is a person who is engaged in driving service of the MF6 vehicle.

On December 3, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.145% during blood transfusion at around 23:50 on December 3, 2020, and led to the flow of the flow distance to the head of Geum-gu, Gwangju, Chungcheongnam-gu along the flow of the flow distance from the side of Gwangju to the impulse.

In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as thoroughly performing the duty of pre-driving and driving on the right and the right and the right and the right and right of the motor vehicle, and

Nevertheless, by negligence, the Defendant neglected this and led the Defendant to the front part of the Defendant’s vehicle, which was driven by the victim C ( South, 52 years old) who was waiting for the signal at the front direction of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On the same date and time as the above 1.1., Defendant 1 driven the said SM6 vehicle under the influence of alcohol concentration of about 0.145% in blood alcohol at approximately 3.5 km from Seo-gu, Seo-gu, Gwangju to Geumnam-gu, Gwangju to the flow distance from 3.5 km.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The principal driver;