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(영문) 수원지방법원 안양지원 2017.09.19 2017고단1097

도로교통법위반(음주운전)등

Text

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

1. On March 23, 2017, the Defendant violated the Road Traffic Act (drinking driving) is driving a Brocketing vehicle under the influence of alcohol level of about 0.122% in the distance of about 17km from the Do in front of the KIC at the GIC located in the GIC located in the GIC and the upper part of the road in front of the JIG.

2. On March 23, 2017, the Defendant was under the influence of alcohol at around 22:30, the Defendant driven the above vehicle in a state that it is impossible to drive the vehicle normally due to the influence of drinking, such as 0.122% of alcohol level during blood transfusion and 0.122% of the body cannot be properly divided. As such, the Defendant was under the influence of drinking, and led the Defendant to drive the said vehicle in a state that she is unable to drive normally, and the Defendant was under the influence of drinking.

In such cases, the driver has a duty of care to confirm and drive the safety of the rear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and immediately stops after the Defendant’s drive vehicle C ( South, 37 years old) due to the negligent negligence, was shocked with the front part of the D D D D D D D D driving vehicle with the lower part of the Defendant’s driving vehicle.

As a result, the Defendant suffered from the injury of climatic salt, which requires approximately two weeks of medical treatment, in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The circumstantial statement of the driver;

1. Report on the result of regulating drinking driving;

1. Application of Acts and subordinate statutes to a copy of a written diagnosis and written estimate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a motor vehicle), and choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.