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(영문) 광주지방법원목포지원 2020.10.30 2020고단483
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 September 18, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's application for the crime of violation of the Road Traffic Act.

Criminal facts

1. The accused is a person who is engaged in driving a vehicle B loaded with freight in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents;

On September 30, 2019, the Defendant driven the above cargo while under the influence of alcohol of 0.093% with a blood alcohol concentration of 0.093% 0.05, and proceeded with a road of 70-3 degrees in the Hampon in the Hampon in the Hampon-gu Hampyeong-gu, Hampon at a speed of about 60km from the Hampon Eup to the Sinan-Eup.

At the same time, there was a duty of care to reduce the speed and to safely drive the motor vehicle in a proper manner because the situation was about the night, and the view was limited, so in such a case, there was a duty of care to safely drive the motor vehicle driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to keep the front room properly and neglected to do so, was driven by the victim C (the blades of harvest machines) who was driven by the Defendant’s front room, and was loaded on the agricultural towing vehicle due to the number of the victim C (the 60-year old) who was driven by the Defendant.

As a result, the Defendant suffered injury to the above victim by occupational negligence, such as salt, tension, etc., in a shoulderline, which requires medical treatment for about two weeks, and the victim D (74) who was aboard the freight driven by the Defendant, caused the death of the victim D (74 years of age) by presumption of scarcity and scarcity in the relevant place, and as above, the victim E (70 years of age) who was accompanied by the scarcity and scarcity in the G Hospital located in Gwangju-gu, Gwangju-gu, Gwangju, on September 30, 2019.

2. The Defendant violates the Road Traffic Act (driving) shall be under the influence of alcohol with 0.093% alcohol concentration at the same time and time as the above paragraph (1).

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