(영문) 의정부지방법원 2016.11.10 2016고단2694



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.


Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On May 21, 2016, at around 03:05, the Defendant driven the said car while under the influence of alcohol of 0.125% of blood alcohol level, and led to the two-lane road in front of the two-way viewing distance of 1533 Yang-si, Yangju-si, Yangju-si, Gyeonggi-do, along the two-lanes of the road in front of the two-way viewing distance.

Since there was a vehicle waiting for signal at the front door, there was a duty of care to safely drive the vehicle by making it possible for the driver of the vehicle to live well with the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured party C(26 years of age) waiting for a signal signal at the front bank due to the negligence of neglecting it, and received the back portion of the DMW MINI car as the front part of the K5 car.

After all, the Defendant driven the said car in a state where normal driving is difficult due to alcohol and suffered injury to the victim C, such as salt ties and tensions, etc., of the entire finites that require a two-day medical treatment for the victim C, and the victim E (V, 25 years of age) who is the passenger of the damaged vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of a traffic accident and field photographs;

1. A report on the status of a drinking driver, a report on the status of a drinking driver, and a report on whether he/she will drive any danger;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend lectures;