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(영문) 서울서부지방법원 2020.04.09 2019고단4481 (1)

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On November 6, 2006, the Defendant violated the Road Traffic Act (driving) and received a summary order of KRW 1,500,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

On November 6, 2019, at around 21:15, the Defendant driven a car in C et al., while under the influence of alcohol of about 4 km from the parking lot in Mapo-gu Seoul Metropolitan City to the air route of about 4 km-ro 400 new air basin 1 in Eunpyeong-gu, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car with C test.

On November 6, 2019, the Defendant driven the said car under the influence of alcohol of 0.140% with a blood alcohol concentration of 0.15% on November 6, 2019, and driven the front road of the exit 400 new air route No. 1 of Eunpyeong-gu Seoul Metropolitan Government, along the same lane as the new intersection.

At that time, there are many vehicles driving along along with the Defendant, so in such a case, the driver of the vehicle has a duty of care to safely drive the steering vehicle by properly operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and neglected the duty of Jeonju City and failed to properly operate the operation of the operation system, and was driven by the victim D(32 years of age) who was waiting in the same lane in the same lane, following the car driving by the victim D(32 years of age).

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have two or more internal organs in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, photographs of damaged vehicles and accident site photographs, the circumstantial statement of the host driver, and the diagnosis report, respectively; and