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(영문) 전주지방법원남원지원 2020.12.08 2020고단219
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 05:55 on June 12, 2020, the Defendant used a vehicle under the influence of alcohol by 0.162% from the 3km section from the front of the “C” main point in the Namwon-si B to the roads adjacent to the Namwon-si, Namwon-si.

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

Around 05:55 on June 12, 2020, the Defendant, while under the influence of alcohol, continued to proceed to the roads adjacent to D, Namwon-si from the boundary of “Namwon-si” to the 132 km each hour from the boundary of “Yancheon-si”.

At this point, the speed limit is 60km per hour, and the yellow light signal was in operation on the front side, and at the left side, the cargo vehicle was parked at the edge of a straight road, so there was a duty of care to observe the speed limit and reduce the speed of the vehicle in accordance with yellow light, reduce the speed of the vehicle in accordance with yellow light, and accurately manipulate the brakes and steering gear to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in the course of duties by excessively manipulating the steering gear to the right side in order to overtake a prior vehicle running along the speed exceeding 72 km a speed of 72 km per hour while under the influence of alcohol, and received the left side side part of the FF operation G4.5t truck parked on the right side of the direction of the Defendant’s running.

As a result, the Defendant suffered injury to the victim H (Nam and 19 years of age) who was on the top of the operation of a driver's car due to the above occupational negligence while it is difficult for the Defendant to drive the car normally due to the influence of drinking, such as "a multi-pock open room for the following arms", which requires approximately three weeks medical treatment.

Summary of Evidence

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