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(영문) 광주지방법원목포지원 2020.11.05 2020고단256
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On April 5, 2017, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 4 million for a violation of the Road Traffic Act at a wooden branch of the Gwangju District Court.

Nevertheless, at around 08:55 on January 15, 2020, the Defendant driven the Eland under the influence of alcohol 0.070% of the blood alcohol concentration at approximately 800 meters from the Do in front of the Sinpo City B to the “D” road located in Sinpo City C.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car under the influence of alcohol at the time stipulated in paragraph (1) and continued the said “D” prior to the said “D” from the hump square to the Fump.

At this point, there was a road near a private street intersection where signal apparatus is installed, and there was a vehicle stopping in the atmosphere of signal signal at the front of the road, so there was a duty of care for the driver of the vehicle to see well the right and the right of the front and the right and the right and the right of the driver.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol without keeping the front door well, and due to the negligence of driving the vehicle at the time, the part of the Defendant’s vehicle behind the Defendant’s vehicle’s driving G (ma, 50 years old) driven by the victim G (ma, 50 years old) who was stopping in the signal route in front of the direction of the Defendant’s running was received as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as “a dump, tension, etc.,” which requires approximately two weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The statements of G and the police statement of G;

1. The report on the occurrence of a traffic accident, the map of the accident site, the actual condition survey report, the photograph of the accident site, the statement hearing report, the statement hearing report (G), the investigation report, the report on the situation of the drinking driver, the notification of the control of drinking driving, and the measurement of drinking.

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