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(영문) 청주지방법원 영동지원 2020.01.09 2019고단162
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 September 28, 201, the Defendant received a summary order of a fine of KRW 3.5 million for a violation of the Road Traffic Act from the Youngju District Court's Youngdong Branch on September 28, 201.

【Criminal Facts】

1. On September 16, 2019, the Defendant driven a motor vehicle under the influence of alcohol by 0.219% at the section of about 18km from the front of the Hacheon-gun, Chungcheongnamcheon-gun to the front of D, located in Daejeon-gu, Daejeon-dong, while driving a motor vehicle under the influence of alcohol by 0.219%.

As a result, the defendant violated the Road Traffic Act more than twice.

2. The defendant is a person who is engaged in driving service of a motor vehicle with a high bid in E.

The Defendant, while under the influence of alcohol level 0.219% in a temporary border like Paragraph 1, was driving the said car, and changed the course to two-lanes while driving the D previous road in the Dong-gu Daejeon Metropolitan City to three-lanes in the direction of the rooftop.

In this case, the driver of a motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction, etc. in advance and to change the lanes safely by taking into account the traffic conditions of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the course and received the part behind the left side of the Defendant’s vehicle, following the part of the G Kanop vehicle’s G Kanop vehicle in the same direction as that of the victim F (F, South, 33 years old) driving in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a host driver;

1. A fact-finding report, an accident site photograph, and a motion picture CD;

1. A medical certificate;

1. Previous convictions in judgment: Criminal records and investigation reports (a summary order of the same criminal records) shall be applicable to the Acts and subordinate statutes;

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