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(영문) 대전지방법원천안지원 2020.11.13 2020고단1891
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 3, 2020, from around 19:00 to around 19:40, the Defendant driven a Fcoon sports cargo vehicle with a blood alcohol concentration of about 0.112% in the section of about 60 meters from the shooting distance of C Union located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si to the E Convenience located in Seoan-gu, Seoan-gu, Seoan-gu.

2. The Defendant is engaged in driving a sports cargo vehicle in Fcoon.

On July 3, 2020, the Defendant driven the above cargo vehicle around 19:00, and led to the first-line road in front of Western-gu G in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, to the ethic speed from H University’s room to I.m.

Since there were automobiles parked in both directions, there was a duty of care to look at the front and rear side well in the driver of the vehicle, and to operate the steering service safely by accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly look at the rear side in order to avoid a motor vehicle coming from the front side of the Defendant, and received the front part of the K SPP motor vehicle driven by the victim J (W, 26 years old) who was standing in the front side of the Defendant, as the rear part of the cargo vehicle of the Defendant.

As a result, the Defendant suffered from the Defendant’s occupational negligence on the part of the victim J, the injury of salt, tensions, etc. in need of treatment for about two weeks, and the Defendant suffered from the Defendant’s injury to the victim L (V, 26 years of age) who was on board the said spke car, such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Traffic accident report, actual situation survey report, notification of the control results of drinking driving, and circumstantial statement report of drinking drivers;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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