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(영문) 대전지방법원 2020.03.31 2019고단4512
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor of one year and eight months and a fine of one hundred thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2007, the Defendant had a total of two occasions of drinking driving, including receiving a summary order of KRW 1,500,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On October 17, 2019, the Defendant was under the influence of alcohol at around 20:58, the Defendant driven C privatebb 9-5 vehicle from the front of a mutually unfluent restaurant in the Jung-gu Daejeon-gu, Daejeon to the same front of the road, at approximately 100 meters away from the 100-meter section to the same front of the Gu.

[Written Indictment] Although the blood alcohol concentration is indicated as 0.143%, it is recognized as 0.137% according to evidence, such as the blood alcohol concentration, but the blood alcohol concentration is recognized as 0.137% according to the records, such as the blood alcohol control report, etc.

2. The Defendant is a person engaging in driving a vehicle as specified in paragraph 1 of the Road Traffic Act.

On October 17, 2019, the Defendant driven the said car at a speed of 0.137% with blood alcohol level around 20:58, while under the influence of alcohol level of 0.137%, and driven the road front the Burur referred to in paragraph (1) from D to E at a speed.

Since motor vehicles are parked at both edges of the road, the traffic range of the road is narrow, there was a duty of care to look at the front and rear left, and to prevent accidents in advance by accurately operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the steering and brakes without properly operating them, caused a shock of the part before the left side of the said car, which was parked at the right edge of the said car, which was owned by the victim FF limited partnership company.

Ultimately, the Defendant damages the 2,038,848 won of the repairing cost by occupational negligence as above.

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