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(영문) 광주지방법원 장흥지원 2020.03.19 2019고단243
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 18:31 October 26, 2019, the Defendant was driven under the influence of alcohol by 0.132% from a distance of about 5 meters until a part of the vehicle was parked in the line of parking zone C for parking lot No. 3 parking lot, which was parked in the 553 Southern-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul Special Metropolitan City, and the Defendant was driven under the influence of alcohol by 0.132% from a distance of about 5 meters until the vehicle moves out of the parking zone.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a BK3 car.

On October 26, 2019, around 18:31, the Defendant was driving the said car that was parked in the column C of the third parking lot in the Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu, Seoul Special Metropolitan City No. 553, Gangnam-gu, Seoul Special Metropolitan City, and went off the parking zone line.

They are divided into the parking zone line, and the parking lot is an exclusive parking lot with a moving passage, and at the time, the parking lot has been parked.

In such a case, the defendant had a duty of care to prevent traffic accidents in advance by safely driving the steering gear, brakes, and other devices accurately.

Nevertheless, the defendant neglected this and neglected the parking lot due to the negligence of driving under the influence of alcohol, such as the statement in Paragraph 1, which was driven by the victim C while leaving the parking lot at the front of the vehicle, and received the front part of the vehicle of the defendant.

As a result, the Defendant suffered from the injury to the victim C and the victim E who was accompanied by the said victim’s car due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a statement of the circumstances of a drinking driver, an investigation report (report on the circumstances of a drinking driver), a copy of the control of drinking driving, and the control of drinking driving;

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