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(영문) 대전지방법원 서산지원 2020.01.28 2019고단1219
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 December 10, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on December 10, 2009.

【Criminal Facts】

1. On October 25, 2019, the Defendant: (a) driven a DNA car under the influence of alcohol with a blood alcohol concentration of 0.049% at the 3km section from the front of Seosan-si to the front of the same city, Seosan-si at approximately 10:30,000, around October 25, 2019.

Accordingly, the defendant violated the prohibition of drinking driving twice.

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

On October 25, 2019, at around 10:30 on October 25, 2019, the Defendant driven the said car with the blood alcohol concentration of 0.049%, and driven the two-lane road in front of Western City, Seosan, along the two-lanes from E to E-sections of sexual intercourse, and changed the lane into two-lanes.

In this case, the driver had a duty of care to change the vehicle line by operating direction direction, etc. when changing the vehicle line, giving prior notice of the change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant neglected to move the vehicle line to the right side as it was, and caused the victim F (the age of 60)'s Gwing, and the front door of the driver's seat of the third cargo vehicle, which proceeded two lanes, to the right side.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. A manual for measuring drinking alcohol;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. A medical certificate;

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