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(영문) 전주지방법원 2020.12.23 2020고단1371
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 03:04 on June 7, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) and driven a vehicle B under the influence of alcohol level of about 15 km from the road front of the Gabdo road located in the area of the front side of the North Korean Peninsula, to Kim Jong-si, 120-8, Jinsan-ro, Kim Jong-si.

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

On June 7, 2020, at around 03:04, the Defendant driven the said car while under the influence of alcohol, and led to the rapid speed of the road front of the 120-8 dead mountain road at the time from the right side to the direction of Kim Jong-do.

Since a certain road was a road installed as a central separation cost, a person engaged in driving a motor vehicle has the duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making it possible for him/her to live well on the front side and the right side, and accurately operating the steering wheel and brakes.

Nevertheless, as seen above, the Defendant, while driving the said car under the influence of alcohol, entered the median zone into an opposite lane while driving the said car, and the victim C(56 years of age) driving the said car in the front part of the left-hand part of the vehicle, was also shocked on the left-hand part of the Banb, which was driven by the victim C(56 years of age).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol as above and suffered injury, such as cutting the frame and opening of the twolleys, which require approximately six weeks of medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. (1) The actual condition report, the traffic accident report, the dice site map, the evidence and photographs of the traffic accident site, the notification of the results of the drinking driving control, and the circumstantial statement of the drinking driver; and

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