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(영문) 대전지방법원서산지원 2020.10.15 2020고단762
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

[Criminal Power] On July 16, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on July 16, 2018.

【Criminal Facts】

The defendant is a person who is engaged in driving a Bsch Rexton car.

1. Around 20:00 on May 17, 2020, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.167% at the 2km section from the front of the Defendant’s residence to the front of E located in Seosan-si, Seosan-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On May 17, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car under the influence of alcohol concentration of 0.167% on blood alcohol level on May 17, 2020, and driving the instant car at the front distance of the E in Seosan City D from the F room to the G bank, and driving the left turn to the right turn to the G bank on the opposite line inside the central separation zone, and then going to the opposite line from the G bank to the intersection in order to re-enter the opposite line.

In such cases, drivers have the duty of care to prevent accidents by accurately operating and safely operating the steering and brakes of other vehicles with a good view to the rear side, and by accurately operating and safely operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and neglected to turn to the left at the front distance of the above E, and the Defendant did not discover the car I for the victim H (ma, 36 years old) driving, which was in the top of the signal at one-lane and did not discover the car, and received the part behind the car and the part behind the car.

Ultimately, the Defendant suffered from the injury of the victim H and the victim J (Y, 37 years of age) who was his/her her son due to the foregoing occupational negligence, such as a scambling in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of H is written.

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