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(영문) 광주지방법원 목포지원 2020.05.07 2020고단21
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2007, the Defendant was issued a summary order of KRW 2 million as a fine for violation of the Road Traffic Act in the application of the wooden Branch of the Gwangju District Court for the crime of violation of the Road Traffic Act.

Nevertheless, at around 12:07 on October 29, 2019, the Defendant driven Fpoter freight at a level of about 4 km from the front of the C Pharmacy located in Sinpo-si B to the Erhular road located in Sinpo-si D, with a blood alcohol concentration of about 0.245%.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

2. 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 by 0.245% of blood alcohol concentration as stated in paragraph (1) and thus, the Defendant was in a state in which snow fluoring, fluoring body, fluoring, and fluoring and faceing is difficult to drive normally.

Nevertheless, the Defendant, while driving the cargo vehicle as above, proceeded on the roads to the Escoppons, caused the injury of the victim G (ma, 43 years old), who was in the front direction at the time, by taking the part behind the Defendant’s cargo vehicle in front of the Defendant’s cargo vehicle, with the part concerning the rearer of the Defendant’s cargo vehicle, and by taking approximately two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G's statement on the occurrence of traffic accidents;

1. Reports on the occurrence of a traffic accident, evidence and photographs of the traffic accident, report on the actual condition of the traffic accident, report on the driver, circumstantial report on the driver, report on dangerous driving circumstances, on-site investigation of the death or injury caused by dangerous driving, notification of the results of the control of drinking driving, medical certificate, written report on the request for appraisal, inquiry into the results of the control of drinking driving, CCTV video data;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the Act on the Aggravated Punishment, etc. of Specific Crimes.

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