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(영문) 대전지방법원 홍성지원 2019.10.16 2019고단526
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a car BVS G80.

On July 6, 2019, at around 02:55, the Defendant driven the said car while under the influence of alcohol with 0.103% of the blood alcohol concentration, and proceeded from D apartment to D apartment to D apartment-Eup.

Since there is an intersection where the red signal has been installed, a person engaged in driving service has a duty of care to check whether there is a traffic vehicle by temporarily stopping and drive safely according to the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, failed to temporarily stop but entered the intersection of the red point extinction signals as it is, caused the Defendant’s negligence from entering the red point of view education building to the red north tunnel in accordance with the yellow point of view extinction signals from the direction of the red point of view education building to the intersection, and caused the Defendant’s impact on the right side of the victim E(35 years old)’s driving, with the rear wheel of the driver’s license, with the front part of the given NAS car.

As a result, the Defendant suffered from the above victim G (V, 42 years of age) who was accompanied by the above victim E and the damaged vehicle due to the above occupational negligence, for approximately two weeks of medical treatment, injury to sugar et al., in which no one exists within the open two areas of medical treatment.

2. On July 22, 2008, the Defendant was given a summary order of KRW 700,000 as a fine for the violation of the Road Traffic Act at an Ansan District Court's Ansan Branch on July 2, 2008.

The Defendant driven a BNS G80 vehicle under the influence of alcohol concentration of about 0.103% from a 500-meter section from the underground parking lot of the H apartment in Hong-gun, Hongsung-gun, Hongsung-gun to the same military Cridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) a survey report on actual condition, a traffic accident report (2) a survey report on actual condition, and on-site photographs (10 copies);

1. Notification of the results of the drinking driving control;

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