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(영문) 대전지방법원천안지원 2020.09.15 2020고단1593
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle of Benz;

At around 03:40 on April 20, 2020, the Defendant, while under the influence of alcohol 0.072% in front of the “D” on the road located in Seo-gu, Seo-gu, Western-gu, Seocheon-si C, Seocheon-gu, the Defendant started the said car parked in a two-lane, and entered the same lane.

On the left side of the defendant's driving direction at the time, there was a victim E (the south and the age of 36) who intends to report the driving of the motor vehicle, so that the person engaged in driving of the motor vehicle is well aware of the situation, and there was a duty of care to ensure safety distance to avoid the accident and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to ensure the safety distance without securing the safety distance, and caused the victim’s left bridge to the left part of the Defendant’s car.

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

2. On April 24, 2018, the Defendant has been issued a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court of Daejeon District on April 24, 2018.

The Defendant, while under the influence of alcohol level of 0.072% at the time and time set forth in paragraph (1), driven approximately 1m of B Benz automobiles on the front of “D” on the road located in Western-gu, Western-gu, Seocheon-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, actual condition survey report, report on the occurrence of a traffic accident, and accident site photograph;

1. Notification of the results of the regulation of drinking driving, report on the state of drinking drivers' standing statement, ledger of use of a drinking measuring instrument, and notification of the completion of correction;

1. A medical certificate of injury, and a victim part photograph;

1. A previous conviction in judgment:

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