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(영문) 수원지방법원 성남지원 2017.03.09 2016고단3904

도로교통법위반(음주운전)등

Text

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. Around 05:00 on September 8, 2016, the Defendant: (a) driven a motor vehicle with a low alcohol level of 0.105% alcohol level while under the influence of alcohol at approximately 2km from the roads near the Jeonju Pool in Gwangju-si to the front roads in the same city B; (b) around September 8, 2016, the Defendant driven a motor vehicle under the influence of alcohol level of 0.105%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) the Defendant driving of the said low-speed car at the time and time indicated in paragraph 1, and driving the front road listed in paragraph 1 at the speed of one-lane between the front road and the front road of paragraph 1 at the front of the year from the front bank of the dispatching-dong.

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected this and driven as it is while under the influence of 0.105% of alcohol concentration in blood, which is the degree that the Defendant neglected it, and she was driven in the opposite lane, and was driven by the victim E (58 tax) of the FK5 taxi driver’s seat in front of the driver’s seat in the Defendant vehicle.

Accordingly, the Defendant driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, resulting in injury to the victim, such as salt, tension, etc. of the bones of wood that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of medical certificates (E) and examination and treatment-related Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The aggravated Criminal Act for concurrent crimes.