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(영문) 대전지방법원천안지원 2020.08.21 2020고단771
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On February 7, 2017, the Defendant received a summary order of a fine of KRW 4 million for the violation of the Road Traffic Act from the Daegu District Court Kimcheon-do branch on February 7, 2017.

【Criminal Facts】

The defendant is a person who drives B's low-income motor vehicle.

On February 25, 2020, the Defendant driven the said car under the influence of alcohol level of 0.117% on blood alcohol level around 22:15, and led to driving the said car at the speed of 61km per hour from the private culture center of the citizens' culture center to the view of modern car shooting distance.

At night, there are crosswalks where signal lights are installed at night, and in such cases, there was a duty of care to safely drive according to the traffic signal and prevent accidents in advance. In such a case, the driver was obliged to reduce speed to the person engaged in the driving duty and to see if there is a person who gets on the way to see the road well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the red signals in violation of the signal, and the Defendant got the victim E (ma, 24 years old) and the victim F (n, 30 years old) who crossed the crosswalk in accordance with the pedestrian signals on the right side from the left side of the direction of the Defendant’s proceeding to the right side of the road.

In the end, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and sustained injury to the victim E by driving a motor vehicle while normal driving is difficult due to influence of alcohol, such as multi-lateral fluoral fladal fladal fladal fladal fladal fladal fladal fladal fladal fladal fladal fladal flag, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each copy of the E and F statement;

1. A copy of each written diagnosis;

1. A copy of the report on traffic accident, the report on the actual condition of the vehicle, the photo of the black boom, the report on the occurrence of the traffic accident, the photo of the scene of the accident, and the report on the use of drinking meters; and

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