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(영문) 광주지방법원장흥지원 2020.08.27 2020고단116
도로교통법위반(음주운전)등
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On October 8, 2014, the Defendant was issued a summary order of KRW 4 million in the Gwangju District Court's interest support for the crime of violation of the Road Traffic Act. On December 31, 2008, the Defendant was sentenced to imprisonment with prison labor for six months in the same court and on August 29, 2007, issued a summary order of KRW 3 million by the same court due to the crime of violation of the Road Traffic Act (driving) and six times in total.

【Criminal Facts】

The defendant is a person who is engaged in driving of C-1 ton cargo vehicles.

1. Around 13:20 on March 16, 2020, the Defendant driven the above cargo vehicle under the influence of alcohol content of about 0.213% in the section of about 5km from the front of the Defendant’s residence in Gangnam-gun D to the front of G apartment through the F in Jinjin-gun E, Gangnam-gun.

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

2. On March 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 0.213% of blood alcohol concentration on March 16, 202, and the Defendant 1 ton of cargo in the direction of G apartment direction from the International Elementary School direction located in Gangnam Jinjin-gun, Gangnamjin-gun.

The driver had a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes well, and by accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the defendant did not neglect the front bank properly and did so, and caused the victim B (the 79 years of age) who walked from the right side of the defendant's running direction to the left side of the vehicle to go beyond the floor.

Ultimately, the Defendant is driving the said cargo in a state where it is difficult to drive the vehicle normally due to influence of drinking.

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