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(영문) 창원지방법원진주지원 2020.10.06 2020고단905

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. Around 04:15 on March 10, 2020, the Defendant driven the said B rocketing car with a blood alcohol content of about 0.074% from the 13km section from the 13km section to the E-cafeteria located in Gyeongcheon-si, Jin-si, Jin-si, Seoul Special Metropolitan City.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) and Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said rocketing car with the blood alcohol concentration of 0.074% under the influence of alcohol on the third line of the E-cafeteria located in Gyeongcheon-si, Sacheon-si, Sacheon-si.

At the time, there was a new wall and the surrounding area was limited due to rain, and thus, in such a case, there was a duty of care to safely drive the vehicle by properly operating the steering gear and operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, deserted the lane by negligence that did not properly look at the front door of the road, and shocked the traffic island on the right side of the road and continued to receive landscaping seat in the above E-cafeteria, and led the said car to be sub-concepted.

Ultimately, the Defendant caused the death of the victim F (ma, 25 years of age) who was a passenger of the said rocketing car driven by the Defendant due to the above occupational negligence, and caused the death of the victim G (ma, 24 years of age) who was the passenger of the said rocketing car, and suffered injury, such as the sofamination, which requires approximately 11 week medical treatment, to the victim G (ma, 24 years of age) who

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. The report on the occurrence of a traffic accident, the actual condition of the traffic accident, the investigation report on the situation of the driver, the investigation report on the driver, the investigation report (the circumstantial report on the driver), the investigation report (Evidence List Nos. 21, 32); and