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(영문) 대전지방법원 홍성지원 2020.04.14 2019고단974
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On December 8, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on December 8, 2008.

【Criminal Facts】

1. Around October 23:12, 2019, the Defendant driven a B-hand motor vehicle with a blood alcohol concentration of 0.104% at a section of about 5km from the Do in front of the Yanol To the Black Trith City, which is on the Yan City, around October 9, 2019.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles B;

On October 9, 2019, at around 23:12, the Defendant driven the above vehicle while under the influence of alcohol of 0.104% of alcohol level, and driven the vehicle at a speed of two-lane Do of Black Tri-distance, which is on the Yan City, at which it is difficult to know in the atmosphere of the signal.

In such cases, a person engaged in driving service shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation in front and rear time well, accurately manipulating the steering gear, etc.

Nevertheless, while the Defendant neglected this, the front part of the DNA car driven by the victim C (ma, 44 years old) who is in the same direction and is waiting for the signal at the same direction, was shocked into the front part of the Defendant's vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, tension, etc. for about two weeks of treatment.

Summary of Evidence

1. The defendant's partial statement 1.1.

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