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(영문) 의정부지방법원고양지원 2020.10.15 2020고단608
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On February 14, 2020, from around 14:00 to 14:27 of the same day, the Defendant driven a E-Poter truck under the influence of alcohol concentration of about 0.09% from the 1km section of the Defendant’s house located in Goyang-gu B from the front of the Defendant’s house in Goyang-gu, Goyang-gu, Goyang-si to the intersection of the same three-lane distance in front of the Gu C apartment Ddong.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On February 20, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.09% from blood alcohol level on February 14:27, 2020, and continued to drive the said cargo at the speed of 0.09%, leading to the intersection of the three-distance crossing in front of the Soyang-gu C Apartment-dong, Youngyang-gu, Seoyangyang-gu, Seoul.

At that time, there is a center line of yellow-ray, so in such a case, the driver of the vehicle has a duty of care to see the front door well and to prevent the accident in advance by accurately manipulating the steering system and the brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear accurately and did not operate the steering gear, and got the front side of the left side of the passenger car of H QM3 passenger car in the direction opposite to the Defendant at the center line due to the negligence committed by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as satisfinal finites, which requires approximately two weeks of medical treatment by occupational negligence as above.

3. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

The Defendant, as a holder of E-port cargo, operated the foregoing cargo vehicle without mandatory insurance at the temporary location under paragraph (1).

Summary of Evidence

1. A written diagnosis of the Defendant’s legal statement G, a criminal investigation report (to hear the victim’s statement), and a criminal investigation report.

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