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(영문) 의정부지방법원 고양지원 2018.07.13 2018고단1339

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is a person who is engaged in driving a Switzerland car.

On April 10, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.121% among blood transfusions. On April 10, 2018, the Defendant continued to drive the vehicle along the three-lanes in front of the “Tong Village 14 Complex” located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu 1-ro 60, along the two-lanes along the original direction from the IC to the original entertainment.

Since there is a central line, there was a duty of care to safely proceed along the lane to prevent accidents in advance to those engaged in driving of the vehicle.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving normally at the center line due to the negligence of neglecting it, and led the victim E to the unification of the said road into ICT from the station in the original interest. The driving of the victim C(Y, 39 years old) driving car hits the front part of the victim C(SP) driving the said road into the Defendant’s driver’s above SPP car. As a result, the above FF taxi driving in the same direction as the above two-lanes of the victim E(61 years old) driving in the same direction was pushed down, and caused the victim C to suffer from approximately two-day medical treatment, such as the fF taxi’s left side and tension, which requires the victim E to provide approximately two-day medical treatment, and the victim G(PP, 41 years old, 41 year old, 3 years old, 3 week medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. A survey report on actual condition and an accident scene photograph;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts and the Act on the Aggravated Punishment, etc. of Specific Crimes.