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(영문) 대전지방법원서산지원 2020.08.20 2020고단546
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 March 26, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

The Defendant is a person engaging in driving a rocketing car.

1. On December 21, 2019, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.100% from the 5km section from the e-road located in Seogsan City D to the e-road located in Seogsan City, Seosan-si.

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

2. On December 21, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.100% on blood alcohol on December 23, 2019, while driving the said car, and driving the two-lanes of the two-lanes in front of the FF in Seosan City, Seosan City, into the luxon of the luxon.

In such cases, drivers have the duty of care to prevent accidents by accurately operating steering the steering and brake system in the front and the surrounding traffic situation and other vehicles, while maintaining the distance of the vehicle in a safe way.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving on the front side while driving the car, was behind the right part of the passenger car model 3 of the victim B, which was going to the right part of the passenger car.

As a result, the Defendant suffered injury to the victim B and the victim H, who is the Dong of the victimized vehicle, by occupational negligence as above, for approximately two weeks of treatment, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment to the same type of power);

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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