beta
(영문) 수원지방법원 안양지원 2018.09.04 2018고단69

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. The Defendant is a person who is engaged in driving a car with C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 23, 2017, the Defendant driven the said car under the influence of alcohol level of 0.194% during blood transfusion on December 23, 2017, and crossed the road of four-lane in front of the E-lane D in the Manyang-gu Manyang-gu, Manyang-gu, Syang-si, beyond the central line from the direction of the two-lane.

The Defendant, under the influence of alcohol, went beyond the median line without living well in the center, was driven by the victim F (53) who driven the said road from the median line to the inside of the center. The Defendant got the victim H (e.g., the 47 years old) who tried to enter the said road on the right side of the car driving by the Defendant at the lower end of the car driving on the right side of the G bus driven by the Defendant. The Defendant was driven by the victim H (e.g., the 47 years old) who driven the IF car driving by the Defendant on the right side of the car driving by the Defendant.

The Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim F, such as salt and tension, which requires approximately three weeks of medical treatment, and the injury to the victim H, such as a string of a chest chill, which is necessary to give approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a C car with alcohol level of 0.194% at the date and place specified in paragraph 1, and with C car under the influence of alcohol level of 0.194%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the person involved in the traffic accident of F and H;

1. Reporting of a traffic accident (1) (2);

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of penalty;