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(영문) 수원지방법원 2020.11.26 2020고단4814
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 April 10, 2009, the Defendant received a summary order of KRW 1 million for a fine for a violation of the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving of freight vehicles B;

At around 21:40 on June 29, 2020, the Defendant continued to proceed directly from D to E-section a nearby road in Osan-si.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front, left, and well.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.156%, neglected to do so and did not see the front bank properly and did not continue to stop on the front bank, and the part of the victim F (F, 25 years old) who was standing in the signal waiting in the front bank was shocked by the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered from the injury of the victim H (27 years of age) and the victim I (24 years of age) who is a passenger of the FF, the passenger of the said motor vehicle due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

2. Around June 29, 2020, the Defendant violated the Road Traffic Act (driving) driving the above cargo under the influence of alcohol 0.156% of the blood alcohol concentration at a section of about 500 meters from the front point of the trade name in the substitute in the Gyeonggi Musan City to the place indicated in the preceding paragraph.

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

3. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant operated the freight truck which was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

(i) the evidence;

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