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(영문) 서울동부지방법원 2020.08.19 2020고단1772
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On September 17, 2010, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to a violation of the Road Traffic Act.

1. A person who is engaged in driving cars B and III cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On April 17, 2020, the Defendant driven the above cargo vehicle while under the influence of alcohol 0.216% of blood alcohol level around 18:53, and changed the vehicle into one lane while driving the two-lane road in front of Gwangjin-gu Seoul Special Metropolitan City from the center of the middle streets to the three-lane distance from the Alsan Station.

There are many vehicles running in the same direction, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering direction and brake system and change the lane safely when it is not likely to obstruct the normal passage of other vehicles.

Nevertheless, the Defendant neglected this and neglected his face with red, cross-roping, and neglected to look well at the front side and left side while it is difficult to drive a motor vehicle in a normal condition due to drinking, such as a little rain, and due to the negligence of changing the direction of the motor vehicle, the part of the victim D (the 64 years old) driving the motor vehicle driving along the one-laned front side of the direction of the defendant's running, which was driven by the victim D (the 64 years old).

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) shall temporarily run the vehicle B in the shape of alcohol 0.216% under the influence of alcohol in approximately 300 meters from the front of the Seoul Special Metropolitan City Gwangjin-gu to the place where the said accident occurred.

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