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(영문) 대전지방법원 천안지원 2015.09.01 2015고단649

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a BM3 car;

On March 10, 2015, the Defendant driven the above car with 0.152% alcohol concentration 0.152% while under the influence of alcohol around 22:44 on March 10, 2015, and proceeded with the roads of 153 lanes 4, 4, 4, 153, and 3-lanes in front of the Tran Library at the monthly salary, elementary school, and 3-lanes in front of the Tran Library.

At the time, since it is night and a place where the passage of vehicles is frequent, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle under the influence of alcohol as above, as well as a person engaged in driving a motor vehicle with a duty of care to prevent accidents by safely driving the motor vehicle, such as thoroughly operating the steering direction and brake system of the motor vehicle and accurately operating the steering gear of the motor vehicle.

Nevertheless, the Defendant, under the influence of the above drinking, proceeded as it is in difficult to drive in a normal condition, such as moving red light into the face, snowing, etc., due to the influence of the above drinking, and took part of the part of the victim C (n,e.g., 41 years old) driving in the signal atmosphere at the front of the mash, and got the victim into the front part of the driver's vehicle volume, and caused the victim to suffer injury, such as salt, tension, etc. of the front part of the light that requires approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (MM3 driver’s license), while under the influence of 0.152% at the time and time specified in the preceding paragraph, the Defendant driven the above BM3 car from a 500-meter section from the front of a cafeteria in the trade name in B-dong located in the same B-dong to the tri-distance of the said pair of libraries.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident, and a report on the occurrence of a traffic accident;

1. On-going driving reports, reports on the state of the drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Photographs of an accident vehicle;

1. The application of the legislation of the medical certificate.