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(영문) 춘천지방법원 원주지원 2020.06.25 2020고단192
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 30, 2007, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Road Traffic Act, etc. at the Ansan District Court's Ansan Branch on November 30, 2007, and was sentenced to a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the original state branch of the Chuncheon District Court on November 30, 2012.

【Criminal Facts】

1. Around 20:00 on February 28, 2020, the Defendant driven the Egrecing Vehicle under the influence of alcohol content of about 0.086% from the 200-meter section from the parking lot for the land of the Yaju City to the front road located in the same city C from the parking lot for the Yaju City.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

2. The defendant is a person who is engaged in driving a motor vehicle in Ireland.

On February 28, 2020, the Defendant driven the above mix while under the influence of alcohol of 0.086% of blood alcohol level around 20:0, and proceeded at a speed of 40 km per hour at a speed of 40 km from the south Trist to the fside of the three-lane road at the south Trist City.

There are three-distance crossings where yellow domination, etc. is installed, and at the same time, the surface was unsatisfed due to the leaving of the road at night. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without satisfing the central line and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving beyond the central line, and the part of the HSP car driving seat driven by the victim G (hereinafter referred to as 26 years old) who was driving in the opposite direction was driven by the Defendant.

Ultimately, the Defendant’s negligence on the part of the above business is weak to the victim.

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