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(영문) 대전지방법원 2020.12.24 2020고단4291
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 June 21, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Chungcheong District Court.

【Criminal Facts】

1. Around September 22, 2020, the Defendant was driven by a Fland Lone Star Cargo under the influence of alcohol leveling to approximately 0.042% of alcohol level from the 1km section from the Do in front of the C cafeteria located in Daejeon Seo-gu, Daejeon to the E frontway located in the Daejeon-gu, Seo-gu.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant is a person who is engaged in driving a Franchis freight truck in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 22, 2020, the Defendant driven the above vehicle at around 22:15, while driving the vehicle, and driving the road of five lanes in front of the Seo-gu Daejeon, Seo-gu, Daejeon at the right right angle in the direction of the Gu middle distance from G apartment in the direction of the Gu middle distance. On the other hand, the Defendant: (a) was negligent in driving the vehicle with the duty of care to safely prevent accidents by driving the vehicle in advance; (b) due to the negligence of changing the two lanes from the first lane to the second lane while neglecting the duty of care to prevent accidents by driving the vehicle in advance; and (c) caused injury, such as salt, tension, and tension, etc. in the direction of the vehicle in front of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written diagnosis of H;

1. The report of a traffic accident (1) (1) and the report of a traffic accident (2) (2) and photographs, etc. of the scene of the accident, the notification of the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, and the results of the crackdown on drinking driving;

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