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(영문) 대전지방법원서산지원 2020.12.10 2020고단1060
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 23, 2012, the Defendant received a summary order of KRW 200,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on March 23, 2012. On September 30, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on September 30, 2016.

【Criminal Facts】

On July 15, 2020, at around 17:00, the Defendant driven a DNA rocketing car with approximately 500 meters alcohol concentration 0.073% under the influence of alcohol on the section of approximately 500 meters from the Do in front of the Chungcheongnam-si, Chungcheongnam-si to the front road of the Chungcheongnam-si.

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

The Defendant is a driver of a rocketing car in 2020 Godan1252.

On August 2, 2020, the Defendant had a duty of care to stop in the opposite direction beyond the central line because of a large number of vehicles moving so that the Defendant had been operating the road in front of the shuttle comprehensive bus terminal at night of 168 Siljin-si at night on August 10, 2020.

Nevertheless, the defendant neglected this and led the driver of the ECA 1105 E-CA 1105 driver without the left-hand turn to the left-hand part of the left-hand kne.

Therefore, the above victim F (ma, 50 years of age) suffered injury in need of approximately two weeks of treatment.

Summary of Evidence

"200 Highest 1060"

1. Defendant's legal statement;

1. Reports on criminal records, such as notification of the results of the drinking driving control, and criminal investigation reports (verification of criminal records A of the same kind as a suspect) by the accused's legal statement of 200 Highest 1252;

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3(1) and proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment).

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