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(영문) 전주지방법원군산지원 2020.08.19 2020고단797
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 January 2, 2012, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court, and on July 20, 2016, the above court received a summary order of KRW 5 million as a fine for the same crime.

1. Around 3:05 on May 19, 2020, the Defendant driven a ENAS car under the influence of alcohol with the blood alcohol concentration of 0.053% from the front of the “Ccafeteria” road located in Gunsan-si B to the front of the Dosan-si.

As a result, the defendant has driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving more than twice.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said NAS car while driving it on May 19, 2020 and driving it under the influence of alcohol level of 0.05% on May 3, 19, 2020, and driving it in the influence of alcohol level of 0.053% on the side of the Military and Industrial Health Center.

At the time, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle at night by reducing speed and by checking well the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the defendant neglected to drive the vehicle and caused the victim H (the age 21) who walked in the same direction as the driving direction of the defendant on the left side of the road due to the negligence of driving the vehicle, to go beyond the ground.

The Defendant suffered injury, such as salt ties and tensions, which require approximately two weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on a traffic accident, report on the actual condition of a drinking driver, investigation report, report on the status of a drinking driver, report on the results of the drinking driving control, notification of the results of the drinking driving control, and report on each investigation (for other investigation of the victim and medical

1. A previous conviction in judgment:

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