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(영문) 광주지방법원장흥지원 2020.09.10 2020고단85
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

[criminal power] On May 27, 201, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on May 27, 201, and a summary order of KRW 1.5 million for the same crime in the same court on October 7, 2013.

【Criminal Facts】

1. Around 10:10 on March 23, 2020, the Defendant, via C apartment in the same Gun, from the front day of the Jeonnam-gun, Chungcheongnam-gun, Seoul, to the front day of the restaurant located in Heung-gun D, the Defendant driven a Fpoter 2 seconds with a blood alcohol concentration of about 0.079% under the influence of alcohol at a section of about 5 km from the 5km section to the front day of the restaurant located in Heung-gun D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

At around 10:10 on March 23, 2020, the Defendant driven the above vehicle at the intersection in front of the E-cafeteria located in the Jeonnam-gun, Chungcheongnam-gun, and was proceeding from the area of the G Hospital to the area of the Gun office of the Gun to the e-mail.

Since there was an intersection in which traffic control is not performed, there was a duty of care to safely proceed after checking whether there was a vehicle crossing by slowly or temporarily stopping.

Nevertheless, the Defendant neglected this and got a victim H(the age of 49) driver's driving in a straight line from the right side of the Defendant's proceeding direction to the left-hand side of the victim H(the age of 49) as the front-hand part of the driver's driving.

As a result, the Defendant suffered injury, such as a peltoma, which requires approximately three weeks of medical treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statements of a drinking driver, and drinking.

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