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(영문) 춘천지방법원 원주지원 2013.09.24 2013고단517

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 became final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2013, at around 23:40, the Defendant driven a CAR car under the influence of alcohol content of about 0.109% in a section of about 500 meters, from the front of the Donsan-dong Donsan-dong Donsan-dong to the front of the Donju-dong 102-dong Don-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a car CA.

At around 23:40 on July 4, 2013, the Defendant, while under the influence of alcohol, driven the said car, and continued to run from the cross-city bus terminal to the AKpla. In such a case, at night and at night, the center line of the yellow-line is installed. In such a case, a person engaged in driving a motor vehicle had a duty of care to thoroughly drive the motor vehicle at the front-time and safely drive the motor vehicle. Nevertheless, the Defendant neglected to do so, while driving the central line and driving the motor vehicle in the opposite direction, caused the Defendant’s injury to the front-time part of the Estststy motor vehicle driven by the victim D (n, 64 years old) who was in the opposite direction of the motor vehicle. Ultimately, the Defendant was unable to drive the motor vehicle under the influence of drinking and thereby, the Defendant was under the influence of drinking, and the Defendant was under the influence of the victim of the said motor vehicle, thereby getting the victim of the said motor vehicle under the influence of alcohol, and the Defendant was under the influence of the said 2nd-time zone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the report on detection of a host driver, the report on risk driving, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, and Article 148-2 of the Road Traffic Act.