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(영문) 전주지방법원 남원지원 2021.01.12 2020고단256
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

[Criminal Records] On April 12, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the support of the Southern District Court of the Jeonju on April 12, 2007.

[Criminal facts]

1. On January 13, 2020, the Defendant driven a Cwing-III Cargo Vehicle owned by the Defendant while under the influence of alcohol concentration of 0.077% at a section of approximately 10 meters in the parking space of the “B market in the Jeon Chang-gun, North Korea,” around January 13, 202.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The defendant is a person who is engaged in driving of a vehicle Cwing and Class III in violation of the Special Act on the Settlement of Traffic Accidents;

On January 13, 2020, the Defendant, as indicated in paragraph (1) around 19:26, was parked in the above cargo vehicle parked in the “B market in North Chang-gun, North Korea” parking lot under the influence of alcohol. In order to stop the above parking lot, the Defendant went back to the right side in order to turn back the parking lot, and then she turn back to the left at the right right turn again to the left turn, 10 meters away from the “D senior citizen center.”

At night, the above parking lot was located immediately after the market, and the passage of pedestrians is frequent, so there was a duty of care to prevent accidents, such as thorough operation of the front line and accurate operation of the brakes and steering gear.

Nevertheless, the Defendant did not properly look at the front while under the influence of alcohol and did not discover the victim E ( South, 48 years old) who was under the influence of alcohol in the front direction of the Defendant’s course, and did not discover the victim E ( South, 48 years old). The Defendant served the front right side of the above cargo as the front side of the victim’s head.

Ultimately, on January 13, 2020, around 21:17, the Defendant: (a) caused the victim’s death from the emergency room of the North Korean University Hospital, which was located in the 20th Sogjin-gu Seoul Special Metropolitan City, where the victim was under the follow-up treatment.

(i) the evidence;

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