beta
(영문) 전주지방법원 2019.10.16 2019고단712

도로교통법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

1. Around 07:03 on February 2, 2019, the Defendant: (a) driven the said car under the influence of alcohol concentration of 0.082%; and (b) led the Defendant to drive the said car in front of the “wholly operated building C in front of the front city,” from the center of Hongsan City to the moving intersection. Since there is a median line installed, the Defendant had a duty of care to safely drive the car along the fixed line by operating the steering direction and brake devices of the car at the same time. Nevertheless, the Defendant neglected to do so, while driving the vehicle at the center and driving the median line at the center, without having to take a duty of care to safely drive the car along the fixed line. However, the Defendant failed to take necessary measures for the Defendant to temporarily remove the front portion of the 3rd dump truck in front of the said dump truck in front of the said 10th 2nd 2nd eth eth eth eth eth eth eth eth eth eth son.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, reports on the circumstantial statements of drinking drivers, and estimates;

1. An accident site photograph;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of Blus Images and Images) and investigation report (report on the circumstances of a host driver);

1. Article 148 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;