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(영문) 전주지방법원 2014.07.25 2014고단655
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 22, 2006, the Defendant received a summary order of a fine of two million won or more due to a violation of the Road Traffic Act (driving) at the Jeonju District Court on December 22, 2006, and on October 6, 2010, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving). On July 31, 2013, the same court was issued a summary order of a fine of six million won or more due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person engaged in the operation of BMW car.

On December 23, 2014, at around 23:35, the Defendant driven the said car without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.176%, and led the vehicle to turn to the left from the bar fluor on the side of sand at the rear Jinjin-gu in Jeonjin-gu.

Since there is an intersection where signal lights are installed, there was a duty of care for a person engaged in the driving of the motor vehicle to drive the motor vehicle safely according to the new code.

Nevertheless, as seen above, the Defendant neglected driving under the influence of alcohol and violated the signal and left-hand turn by negligence while neglecting it, and received as the front right side of the car driven by C, which was driven by C in accordance with the immediately preceding new code, from the right side of the running direction of the Defendant vehicle, from the front side of the car driven by the Defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered from the injury of the victim E (the 45-year old) who was a passenger of the said leisure car due to the foregoing occupational negligence, such as requiring approximately two weeks of medical treatment, and in detail the situation of unknown whereabouts and the tension of the pel part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report on traffic accidents and on-site photographs;

1. A report on detection of a host driver;

1. A report on whether to drive any dangerous motor vehicle;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Previous records: Criminal records and other inquiries, and judgments of the same kind of investigation report;

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