beta
(영문) 서울중앙지방법원 2018.04.26 2018고단1037

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On January 1, 2018, the Defendant, while under the influence of 02:05, the Defendant was driving BMW 530 i car while under the influence of alcohol concentration of 0.140% in blood, and the Defendant proceeded at a speed of about 10 kilometers per hour at a speed of about 10 kilometers per hour depending on the two-lanes in the direction of the luminous intersection of the luminous as in Seoul Jongno-gu Seoul Metropolitan City, in the direction of the intersection of the luminous intersection from the luminous intersection to the luminous intersection.

At the time, it was not easy to secure the night time due to the late night, so in such a case, the driver of the vehicle has a duty of care to carefully look at the traffic situation of the front door and prevent the accident by driving safely.

Nevertheless, the Defendant neglected this and stopped the victim C(56) driving, which was behind the victim C(56) driving, was driven by the Defendant as the front part of the said BMW 530i car driving.

As a result, the Defendant driven the said BMW 530i car in a state where normal driving is difficult due to influence of drinking, and suffered bodily injury, such as salt pans (e.g., finites) in need of approximately two weeks of treatment to the victim C, and the victim E (35 e.g., the passenger of the damaged vehicle) in need of approximately two weeks of treatment.

2. While under the influence of alcohol concentration of 0.140% during the blood transfusion of the above day, Defendant 2 driven BMW 530i vehicle from the Do in front of the name-dong, Jung-gu, Seoul Metropolitan Government to the front road along the luminous intersection as the Seoul Jongno-gu Seoul Metropolitan City Type 3km to the front road, Defendant 2 driven BMW 530i vehicle from the Do in front of the name-dong, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims;

1. Investigation report (report on the situation of the driver in charge); and

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts.