(영문) 의정부지방법원 2016.01.06 2015고단3517



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

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


Punishment of the crime

1. The Defendant is a person who is engaged in driving a B Poter freight vehicle.

On May 20, 2015, the Defendant driven the above cargo while under the influence of alcohol 0.117% during blood transfusions, and proceeded with the first lane in front of the Ironwon C in Gangwon-do at both sides at two sides.

At night, it was not easy to secure the view of the front at night and the width connected to the farming road is narrow. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the front door by properly operating the operation of the brake and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and went to the left from the right side of the road to the right side of the road at the right side of the road, and the left side of the same Track Track (UL-2140) of the victim D (TL-2140) that entered the road at the right side of the road.

As a result, the Defendant suffered from the above occupational negligence that requires approximately three-month medical treatment to the victim.

2. While the Defendant was under the influence of alcohol concentration of 0.117% during the blood of the above day at the border, the Defendant driven the above cargo vehicle within approximately 13 kilometers from the 13-meter radius to the roads front of the non-permanent cafeteria cafeteria cafeteria, Gangwon-do, Jeonwon-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on the occurrence of a traffic accident;

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

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.