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(영문) 수원지방법원 안산지원 2020.05.14 2019고단3796
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

[criminal power] The defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on October 31, 2008 and has a total of four times of punishment for drunk driving.

【Criminal Facts】

1. Around 20:00 on September 10, 2019, the Defendant driven a e-wing truck with a blood alcohol concentration of 0.128% at a section of approximately 800 meters from the front road in Ansan-gu, Ansan-si B to the front road in the same Gu D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

The Defendant, at around 20:00 on September 10, 2019, under the influence of alcohol with a blood alcohol level of 0.128% as stated in paragraph (1), is driving the said cargo vehicle and driving the said cargo vehicle into F apartment protection area in front of the Yansan City, Ansan-gu D road on the shore.

The U.S. came to be an intern.

At this point, there is a center line installed, and vehicles were in progress on the opposite side, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front line and the left and the right of the motor vehicle and by accurately manipulating the operation of the steering system.

Nevertheless, while under the influence of alcohol, the Defendant was under the influence of alcoholed by the Defendant, who was negligent in neglecting the center line and proceeding on the opposite road due to the negligence of the full-time internship, and was under the influence of the Victim G (Nam, 28 years old) driving H 125cc.

As a result, the Defendant suffered injury to the victim, such as chests and fluoral salt, which requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. The actual condition survey report, report on occurrence, and related photographs;

1. The report on the results of the drinking driving control, the drinking driver's license, and the statement on the state of drinking drivers; and

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