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(영문) 창원지방법원 거창지원 2020.05.06 2019고단393
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) who drives BCA110 V Trab

On November 22, 2019, at around 16:40, the Defendant, while under the influence of alcohol, driven 0.239% of the blood alcohol concentration, and led the front road of the building C in the Chang-gun of Gyeongnam to proceed in the direction D from the Chang-dong bank.

In this case, as a one-lane road in which the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to live well on the front side and the left side, observe their own lanes, and drive safely.

Nevertheless, the Defendant neglected to do so while driving so, and instead neglected the center line, caused the Defendant to go along the lane in the opposite part of the Defendant, with the front wheels of the UMW520d car driving by the injured Party E (MMW520D).

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, tensions, tensions, etc. in light of the following conditions: (a) the victim G (VW520d) who is a passenger of the said BMW520d car, for approximately two weeks of medical treatment; and (b) the Defendant suffered, respectively, the injury of the chills, tensions, etc., for which approximately two weeks of medical treatment is required.

2. Around 16:40 on November 22, 2019, the Defendant driven a vehicle under the influence of alcohol level of approximately 0.239% in a section of about 1km from the first road located in the H market in Chungcheongnam-gun, Chungcheongnam-gun, Seoul to the front road of the building in the Gyeongnam-gun, Seoul Special Metropolitan City, the location of which is the same as that set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the G production;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 2 and 8 of the same Act concerning criminal facts, and the Criminal Act;

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