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(영문) 광주지방법원 2021.02.17 2020고단5911
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B and III cargo vehicle.

On October 18, 2020, the Defendant driven the above vehicle while under the influence of alcohol level of 0.157% among blood transfusion around 15:30 on October 18, 2020, and led to the flow of the road in front of the Seo-gu Nam-gu, Gwangju to C at the seat of the same Gu Gwangju Park, with C at the seat of the same Gu.

In such cases, the driver has a duty of care to safely operate the steering system and to prevent accidents by properly operating the steering system and steering the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was in progress in the opposite direction, received the front part of the driving vehicle in front of the Defendant, with the driving vehicle of the victim D(W, 43 years old) driving E, which was under the influence of alcohol.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim F (F) of the victimized vehicle driver D and the passenger, and the victim G (C) of approximately two weeks of tensions, tensions, etc., and suffered injury to the victim H (P) of the same passenger, including 9 years of age, for approximately two weeks of tensions.

2. On September 7, 2012, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on October 30, 2014, a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court.

On October 18, 2020, at around 15:30, the Defendant driven, from the J-cafeteria parking lot located in Gwangju Nam-gu, Gwangju to the same Gu, B, while under the influence of alcohol content concentration of about 0.157% at approximately 1.5 km from the J-cafeteria parking lot located in the Nam-gu, Gwangju to the west-gu, the resignation of the Defendant had also been driven by the same Gu.

Accordingly, the Defendant, who violated two times or more of drinking driving, once again driven a motor vehicle while under the influence of alcohol.

(i) the evidence;

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