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(영문) 서울남부지방법원 2014.10.17 2014고단3157

도로교통법위반(음주운전)등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B car.

On May 11, 2014, the Defendant driven the said car under the influence of alcohol of 0.091% on blood alcohol level 0.091% on May 11, 201, and the Defendant proceeded at a speed of about 40km from the apartment distance to the high-gu Hospital in Guro-gu, Seoul, with the three-laned road of 97(Guro-dong), Guro-ro, Guro-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle under the influence of alcohol as a matter of course, and there was a duty of care to prevent accidents in advance by securing a sufficient distance between the front line and the safety distance, and driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not avoid reducing the speed of the victim C(the age of 61) by negligence in the course of duty, which was driven by the victim C(the age of 61) who was under the influence of alcohol without sufficiently securing the safety distance while under the influence of alcohol, and received the back part of the victim's vehicle as the front part of the vehicle of the Defendant, and continued to be pushed by the victim E(the age of 30) with the front part of the vehicle.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence in the above 1st century, which requires approximately six weeks of treatment to the victim C, and the victim G (V, 29 years of age) who was boarding the said rocketing car with approximately ten days of treatment, respectively.

2. A violation of the Road Traffic Act (driving) on May 11, 2014, the Defendant: (a) around 19:23, the blood alcohol content 0.091% from the front side of the king market located in the Gyeonggi-si, Ansan-si, Gyeonggi-do to the front side of the Guro-gu, Seoul, Guro-ro 97 (Guro-dong), Guro-ro, Guro-gu, Seoul (Guro-dong), 30km-ro.