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(영문) 의정부지방법원 2020.11.11 2020고단3992
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

On June 22, 2010, the Defendant was sentenced to a fine of KRW 7 million by the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving B rocketing and other automobiles.

On August 2, 2020, the Defendant driving the said vehicle under the influence of alcohol of 0.089% with a blood alcohol concentration of 0.089% on August 2, 2020, and driving the road ahead of “D” in both weeks along the intersection from the e apartment to the tri-distance distance.

At this point, the left turn was made.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether another motor vehicle is being driven by another motor vehicle and to properly operate the steering direction and brakes so as to prevent the accident in advance.

Nevertheless, the defendant neglected this and did not avoid the victim F (F), who was in the right line from the left side of the running direction to the intersection by the negligence of the defendant's left-hand turn while under the influence of alcohol, and did not avoid the victim F (F), who was in the right line, and received the part on the right side of the damaged vehicle with the part before the right line of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. Around 07:10 on August 2, 2020, the Defendant driven a rocketing B car owned by the Defendant under the influence of alcohol 0.089% of blood alcohol concentration at the section of about 35 km from the front of Jongno-gu Seoul to the road of “D” in Yangju-si, Jongno-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Statement of the circumstances of a drinking driver, and diagnosis report of the results of the regulation of drinking driving; and

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