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(영문) 전주지방법원 2020.10.07 2020고단1442
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. On March 8, 2019, the Defendant has been issued a summary order of KRW 1.5 million by the Jeonju District Court for the crime of violating the Road Traffic Act.

Nevertheless, at around 08:40 on April 12, 2020, the Defendant driven C-B car under the influence of alcohol with approximately 3km alcohol concentration of about 0.107% from the 3km section to the roads near the private loan death distance located in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The defendant is a person who is engaged in driving a car with C mother car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

At around 08:40 on April 12, 2020, the Defendant driven the said car at an indefinite speed, as described in Paragraph 1, while under the influence of alcohol, and proceeded three-lanes of the four-lane road near the Jinjin-gu in Seoul Special Metropolitan City, Seojin-gu.

At the same time, there is a road near the intersection and there is a vehicle stopping in the signal signal, so there was a duty of care to safely drive the motor vehicle, such as a person engaged in driving of the motor vehicle, a person who is engaged in driving the motor vehicle well, and a person who has a duty of care to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and proceeded with the Defendant’s driver’s vehicle’s duty of care on the right-hand part of the passenger vehicle in front of the right-hand part of the Defendant’s driver’s driving, which was parked on the front-hand part of the victim D(the age of 46) who was parked on the front-hand part of the vehicle.

The Defendant’s occupational negligence caused injury to the victim D, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and the victim F (V, 44 years of age) who was accompanied by the damaged passenger car to undergo approximately two weeks of medical treatment.

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