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(영문) 전주지방법원 2020.12.09 2020고단1145
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP land.

On March 9, 2020, the Defendant, without obtaining a driver’s license on March 22, 2020, driven the said car under the influence of 0.116% of blood alcohol concentration, and turned back the road front of the “D” drinking house in Kim Jong-si, from the E room to the F convenience point.

At the time, there are motor vehicles that are parked and stopped on the road, so in such cases, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system while driving the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim G (Nam, 35 years old) who was standing on the rear side of the Defendant’s vehicle due to negligent negligence while neglecting this, and was driven by the Defendant’s vehicle behind the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On January 3, 2007, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) issued a summary order of KRW 3 million for the crimes of violating the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 3.5 million for the same crimes at the Jeonju District Court on July 14, 2016, respectively.

The Defendant, at the time and time set forth in paragraph (1), driven B SP car while under the influence of 0.116% of alcohol level without obtaining a driver’s license in about 20 meters from the Do in front of the foregoing “D” alcohol house to the JJ road located in Kim Jong-si.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without a driver's license.

Summary of Evidence

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