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(영문) 광주지방법원 순천지원 2020.07.23 2019고단2570
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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

On June 17, 2008, the Defendant received a summary order of KRW 3 million for a fine of KRW 1 million for a violation of the Road Traffic Act (Refusal of measurement) from the Gwangju District Court's Netcheon Branch, and on November 17, 2011, the same court received a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the same court.

1. Around 06:50 on August 25, 2019, the Defendant was driving a 1.2 tons truck with the blood alcohol concentration of approximately 0.039% in the section of about 30km from the front of the C cafeteria located in Gwangju-si B to the two public health centers in front of the Hancheon-si Folk Village Village 974, the Defendant driven a 1.2 tons truck under the influence of alcohol concentration of about 0.039%.

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

피고인은 2019. 8. 25. 06:50경 혈중알코올농도 0.039%의 술에 취한 상태에서 위 화물차를 운전하여 순천시 민속마을길 974 에 있는 쌍지보건소 앞 ‘ㅓ’자형 교차로를 상사면소재지 쪽에서 E마을 쪽으로 좌회전하게 되었다.

Since no traffic control is performed, it is an intersection with a large volume of vehicle traffic, in such a case, the driver of the vehicle has a duty of care to check whether there is a vehicle on the left and right side by reducing the speed or temporarily stopping the vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and led the victim's driver's driver's driver's vehicle to return to the intersection on the left-hand side of the proceeding direction, which is driven by the victim F (F, South, 65 years old).

Ultimately, as above, the Defendant suffered injury to the victim by occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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