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(영문) 부산지방법원 동부지원 2018.06.20 2018고단574

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is a person engaged in driving Category B vehicles.

1. On November 26, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.174% at a point 15.6 km on the road located in the vicinity of the Busan metropolitan traffic Daegu (hereinafter referred to as the “breath”) and located in the front of the Bluan-gun of Busan metropolitan area from the road located in the front of the Bluan-gun of Busan metropolitan area to the front of the 15.6km road.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the above vehicle at the time same as that set forth in the preceding paragraph at a speed of about 100 kilometers per hour from the 15.6km in front of the highway located in the front area of the Busan-gun, Busan-gun, at a distance of 15.6km in the border area for shipping, and at a speed of about 100 kilometers per hour from the

The Defendant had a duty of care to prevent accidents by accurately manipulating the former and the latter, and by accurately manipulating the steering and steering devices.

Nevertheless, the Defendant neglected to do so under the foregoing paragraph 1 and neglected to do so and neglected to do so at the front time, and the Defendant was found to have received the part of the panion in front of the said TRa vehicle after the D damaged vehicle driven by the victim C ( South, 57 years old) who was under the direct control of the victim C ( South and North).

Defendant 1 suffered injury to the victim C, such as scarke, which requires approximately four weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared C;

1. Application of the provisions of Acts and subordinate statutes governing the inspection report on the actual condition of traffic accidents, the report on the detection of drivers in charge, the report on the actual condition of drivers in charge, the investigation report (report on the actual condition of drivers in charge), the medical certificate, and

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.