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(영문) 서울중앙지방법원 2018.01.17 2017고단7399

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2017, the Defendant driven a vehicle with a alcohol level of approximately 30km from the head of the Gowon Station near the Gyeonggi Suwon Station to the roads in front of the Saemaeul Treasury in Seocho-gu, Seoul Special Metropolitan City at approximately 30km from around 13:30 on September 23, 2017, while under the influence of alcohol level of at least 0.091% in alcohol level.

2. The Defendant is a person who is engaged in driving of Bnikier in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 23, 2017, the Defendant driven the said car under the influence of alcohol level of 0.091% among blood transfusion around 13:30 on September 23, 2017, and left the left at a speed of 39-lane between four-lanes in front of the Saemaul Treasury of Seocho-gu Seoul Metropolitan Government, at which it is impossible to know one-lanes of the 39-lanes in front of the Saemaul Treasury of Seocho-gu.

At that time, there was an intersection where signal apparatus was installed in the front bank, so in such a case, the person engaged in driving service had a duty of care to check the signal installed at the intersection to reduce the speed and to safely drive the signal in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a left-hand turn in violation of the new code and received the part on the left-hand side of the victim C's DNA motor device bicycle, which was left-hand from the back of this water to the back of the back of the back of this water zone, from the driver of the Defendant's vehicle.

As a result, the Defendant suffered injury, such as cutting the frame of the upper body of the Bridge, which requires approximately eight weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor), Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, and Article 38.