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(영문) 청주지방법원제천지원 2020.09.24 2020고단256
도로교통법위반(음주운전)등
Text

Defendant

A The defendant shall be punished by imprisonment with prison labor for a year and two months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is a person who is engaged in driving of CK5 vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 12, 2020, the Defendant, while under the influence of alcohol 00:54% of the blood alcohol concentration, continued to drive the Do road in Ycheon-si without obtaining a driver’s license.

In this case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering direction and brake system of the motor vehicle, and to not drive the motor vehicle at a speed or in a manner that may cause danger and harm to others according to road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, the Defendant, while driving without being negligent in driving on the right side of the road under the influence of alcohol, received the signs “E” and “E” in the front part of the said K5 vehicle.

As a result, the Defendant suffered injury to the Victim F (ma), who was on the same job by negligence as above, to the victim F (ma, 22 years of age), such as the head’s open wound, which requires approximately two weeks of medical treatment, and at the same time damaged the diversday and “E” sign owned by the Chungcheong Land Management Office to the sum of the repair cost of KRW 5,842,532.

B. Around 00:45 on January 12, 2020, the Defendant driven CK5 under the influence of alcohol content of 0.226% without obtaining a driver’s license in a section of about 10km from the front side of the H head office in Incheon City to the place of the accident described in the above paragraph (a).

C. As described in the above A and B, the Defendant stated that “The police would have driven a motor vehicle at the right time” to the driver B, who driven the motor vehicle without a driver’s license and caused a traffic accident, and followed the motor vehicle to avoid punishment.

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