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(영문) 수원지방법원여주지원 2020.09.23 2020고단842
도로교통법위반(음주운전)등
Text

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

[Criminal Power] On May 28, 2018, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the credit support of Suwon District Court on May 28, 2018, and on May 28, 2008, the Defendant was sentenced to imprisonment of KRW 1.5 million for a violation of the Road Traffic Act (Free Driver’s License) in the Jeonju District Court’s Military Mountain Branch, and was sentenced to imprisonment of KRW 1.5 million for a violation of the Road Traffic Act (Free Driver’s License).

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On April 26, 2020, the Defendant driven the said car under the influence of alcohol of 0.146% on blood alcohol level around 18:30 on April 26, 202, and turned the car back to a speed of about 5 km per hour for parking before Echeon-si C lending.

As above, in the event that a motor vehicle enters an adjacent sidewalk, it is prohibited from driving a motor vehicle while under the influence of alcohol to a person engaged in driving a motor vehicle, and in the case of a moving-in, there was a duty of care to safely drive the motor vehicle to prevent accidents in advance by checking whether there is a pedestrian in the rear side.

Nevertheless, under the influence of alcohol, the Defendant neglected this and received victims from the victim D (ma, 48 years of age) and the victim E (ma, 44 years of age) due to the subsequent negligence without examining the victim D (ma, 48 years of age) and the victim E (ma, 44 years of age).

As a result, the Defendant suffered injury to the victims, such as salt dynasium and tension, respectively, for about two weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a car as stated in Paragraph 1 in the state of being drunk with a blood alcohol concentration of about 0.146% at the time and place specified in Paragraph 1, at the time and place.

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

3. On July 8, 2020, the Defendant violated the Road Traffic Act (driving without a license) from the front of the road of the inn city on July 16, 202.

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