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(영문) 수원지방법원 안산지원 2020.07.24 2020고단1833
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On January 15, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for the violation of the Road Traffic Act in an Ansan District Court's Ansan Branch for the violation of the Road Traffic Act.

At around 22:10 on April 19, 2020, the Defendant driven a D low-speed car from about 1 km to the front road of the members of Ansan-si, Ansan-si to the front road of the same Gu, under the influence of alcohol by 0.09% of blood alcohol concentration.

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

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a motor vehicle with D low-speed.

On April 19, 2020, around 22:15, the Defendant continued the back road in front of the member-gu C in Ansan-si from the 6th parallel of Korea to the F Contracting in E from the 19th parallel of Korea.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well in the front left and properly manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, led to the right side of the Hsch Rexroth ES300h car driven by the victim G (ma, 55 years old) who was under the influence of the influence of alcohol, and brought the pent part into the right side side side of the Defendant’s car.

As a result, the Defendant suffered injury to the said victim G and the victim I (V, 45 years of age) by negligence in the course of performing the above duties, such as salt, tension, etc. in each of about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on the statement by the police officer G, the report on the occurrence of traffic accidents, and the photograph of the accident site;

1. Reports on detection and records of drinking alcohol, reports on the circumstantial statements of drinking drivers, and medical certificates for investigation reports (report on the circumstantial situations of drinking drivers); and

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;

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