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(영문) 광주지방법원목포지원 2020.09.22 2020고단251
도로교통법위반(음주운전)등
Text

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

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 February 23, 2015, the Defendant was issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

1. Around 01:00 on December 21, 2019, the Defendant driven a fran vehicle under the influence of alcohol with a blood alcohol content of about 0.061% at a section of about 10km from the front of the “C” located in Hap-gun B in the same Do to the front of the “E” located in the same Gun D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less 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 a F Ethz car.

The Defendant, as described in paragraph (1), was under the influence of alcohol concentration of 0.061% as stated in paragraph (1) on the date and time limit set forth in paragraph (1), followed up about one meter prior to the “E” as stated in paragraph (1) while driving the Maz car.

In such cases, the driver is prohibited from driving under the influence of alcohol, and there was a duty of care to prevent accidents, such as driving, etc., after notifying the driver of the direction, etc. in advance and checking whether there is a person or another vehicle in the direction of driving.

Nevertheless, while neglecting this, the Defendant neglected the foregoing, and instead did not look well at the rear side while under the influence of alcohol, and the victim G (Seoul and 36 years old) who proceeded with the above road at the rear side of the above Mat-car, received the part of the front part of the Hat-car in front of the driving.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim G, such as fatal salt, etc. in need of approximately two weeks of medical treatment, and injury to the victim I (the victim I (the 23 years old), who was accompanied by the fater car, for about two weeks of medical treatment.

Summary of Evidence

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