도로교통법위반(음주운전)등
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 becomes final and conclusive.
Punishment of the crime
1. On April 8, 2014, the Defendant, around 22:27, 2013, driven a DNA-type car under the influence of alcohol content 0.197% at the section of approximately 1.5 km from the Do before the “flusium,” located in the Singu-Eup, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, to the inner distance located in the same Eup/Myeon.
2. The Defendant is a person who is engaged in driving a motor vehicle in a D SP area.
On April 12, 2014, the Defendant driven the said vehicle at a speed of 0.221% with alcohol content around 15:50, while under the influence of alcohol, and driven the said vehicle at a speed of about 50 to 60 km per hour in the direction of the police box in the direction of the shot box, where the entrance of the Singue University at the port of pak-in-land was turned into a speed of 0 to 50 km.
Since there was a motor vehicle driving on the front side at the time, there was a duty of care to safely drive the motor vehicle by checking well the front side.
Nevertheless, the Defendant neglected to do so and proceed with it immediately before the Defendant’s negligence.
The victim E (the age 51) driven by the F Tart car driven by the victim E (the age 51) who stopped prior to the Twit-distance flashing signal, was shocked to the front part of the car in front of the car in the S Twit-ro, resulting in the victim's injury, such as cerebral sugar, which requires approximately two weeks of medical treatment.
Summary of Evidence
[2014 Highest 713]
1. Defendant's legal statement;
1. Inquiry into the result of the control of drinking driving;
1. Defendant's legal statement;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving, the selection of imprisonment without prison labor) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;