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(영문) 청주지방법원 제천지원 2019.09.26 2019고단240
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

[Criminal Power] On January 28, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Cheongju District Court in the Cheongju District Court Branch on January 28, 2014

【Criminal Facts】

1. The defendant is a person who is engaged in driving of a motor vehicle B high-priced motor vehicle;

On July 24, 2019, around 16:35, the Defendant was driving the said motor vehicle while driving the motor vehicle under the influence of alcohol concentration of 0.186% at the front of Dacheon-si.

The driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the rear while driving the motor vehicle in a backward manner.

Nevertheless, the Defendant neglected to check the rear side while under the influence of alcohol and failed to check the rear side, and was driven by the victim D(34 years of age, south) driving, E-Poter II, which was parked after the Defendant was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant was driving a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.186% at the same time and at the above place.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of a traffic accident, photographs of the scene of the accident, and reports on the traffic accident;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Criminal records: Criminal records, inquiry reports, investigation reports (same-class criminal records), and application of Acts and subordinate statutes governing summary orders;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act.

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