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(영문) 광주지방법원장흥지원 2020.11.05 2020고단224
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

except that 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

On April 12, 2019, the Defendant issued a summary order of a fine of one million won as a crime of violating the Road Traffic Act in the application of the Gwangju District Court Manpoon on April 12, 2019.

Criminal facts

The Defendant is a person who is engaged in driving freight vehicles B.

1. Around 18:30 on August 25, 2020, the Defendant driven the franchising freight vehicle under the influence of alcohol by 0.141% from the section of about 15km from the front road located in Gangnam-gun C to the road of the National Highway 18 line in front of the same military E-K.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. Around August 25, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the above salary-fold freight vehicle as a duty, and driving the roads of the front national highways E. 18 of Gangnam-gun, Gangwon National Road No. 18 on the two-lanes in the direction of Doamampon in the Doambon.

Since there was a two-lane straight line installed as a central separation cost, a person engaged in driving a motor vehicle has a duty of care to safely drive the steering gear, brakes, and other devices in a correct manner and prevent traffic accidents in advance.

Nevertheless, the Defendant neglected to do so, while under the influence of 0.141% of blood alcohol level, and was negligent in driving at the right side of the Defendant’s driving direction while driving the Gpoter 2 freight back to the victim F (ma, 56 years old) who was stopped at the right side of the Defendant’s driving direction.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of stability for about three weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A previous conviction in judgment:

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