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(영문) 대전지방법원 2019.10.11 2019고단2565
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

The defendant is a person who is engaged in driving of the vehicle B or C.

On June 19, 2019, the Defendant was under the influence of alcohol level of 0.164% on blood alcohol level on June 19, 2019, and the literature and underground tea level was straighted in accordance with the Seo-gu Daejeon Seo-gu Seo-gu Seo-gu Daejeon Pung-dong, Daejeon-dong, Seo-gu, Daejeon-gu, in the direction of one-lane between the two-lanes.

At the time, the above place is night and the above place is an underground vehicle with the vicinity of the vehicle. In this case, the person engaged in the driving duty of the vehicle has the duty of care to ensure and drive the safety distance with the vehicle ahead through the front of the week.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the above duty of care and neglected the above duty of care, received by the victim C (Nam, 45 years old), who was driving at the two-lanes, the left-hand panion of the DA5 car from the Defendant’s driving vehicle, to the right-hand panion of the Defendant’s driving vehicle.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim E (Nam, South, and 40 years old), such as an open top of the two feees, clocks, tensions, etc. requiring approximately three weeks of medical treatment, and suffered injury to the victim E (Seoul, and 40 years old) boarding the chief of the above victim's driver's vehicle, such as a click of the click clup at approximately eight weeks of medical treatment, and went away without taking necessary measures, such as rescue of the victim, even if he stops immediately.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of C and E;

1. The application of Acts and subordinate statutes to the traffic accident report, the report on the detection of a driver with a driver with a view to driving, the inquiry into the results of the management of a driver with a view to driving, the photographs of the accident site

1. Relevant Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 16037 of the Road Traffic Act as to the crime.

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