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(영문) 서울북부지방법원 2016.06.09 2015고단914

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Eastern District Court, and was sentenced to two years of suspended sentence on September 5, 2014, and the judgment became final and conclusive and conclusive on September 5, 2014,

On January 13, 2015, while the Defendant was under the influence of alcohol content 0.071% in blood, the Defendant was driving at around 01:03 Mysta car on January 13, 2015, and was driving at around 51 Mysta car, as Seoul Songpa-gu, to turn to the left the left at the intersection of the Olympic Games, when the 51 Mysta car was going to the lux of the Olympic Park at the lux of Songpa-gu, Songpa-gu, Seoul.

In such a case, the driver of the vehicle has the duty of care to accurately operate the front left and right and the steering gear of the vehicle, but the defendant was negligent in driving the vehicle and went beyond the traffic island of the front side while driving the vehicle due to negligence while driving the vehicle, and the defendant received the front part of the driver's vehicle from the victim D(68 tax) who was normally bypassing from the front side of the Olympic Park to the front side of the car.

The Defendant suffered, by such negligence, approximately 2 weeks of injury, such as 3, 4, 5 cage cages, etc. on the left-hand side in need of approximately 12 weeks of medical treatment to victims D, and 3, 4, 5 cages, etc. on the victim F (29 cage) who is the passenger of damaged vehicles, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and F;

1. Entry of the traffic accident report (1) (2) (2) and the occurrence report of the traffic accident;

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

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (Selection of imprisonment without prison labor and imprisonment without prison labor);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents against Two Victims) provide for the crime of violation against victim D, the gravity of which is serious.