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(영문) 서울남부지방법원 2015.10.29 2015고단3426
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, 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. On July 11, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.098% around July 11, 2015, the Defendant driven a B the vehicle with B the Bmecin in the section of about 20 meters from the front Do near the Southern Women's Development Center located in Geumcheon-gu Seoul Metropolitan City, Geumcheon-gu to the third Do in front of the restaurant located in the Southern Women's Development Center.

2. 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 car with B test.

The Defendant driven the said car under the influence of alcohol concentration of 0.098% at the same time and place as the preceding paragraph, while driving the said car at a time and place as the same as that of the preceding paragraph, and proceeding the third distance at the Seongdong Women's Development Center located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, at the direction of the city 30km away from the distance of bank tree death to the distance of old telephone station, and changed the course into one lane.

In such a case, despite the duty of care to change the lane by taking into account the traffic conditions on the front side and the left side, the Defendant neglected to do so while under the influence of alcohol and due to the negligence of changing the lane as is, and instead, took the part behind the right side of the victim C(the age of 62) driver C(the age of 62) driving, which is behind the right side of the driver's vehicle, and continued to take the part behind the left side of the driver's vehicle in the above test, and received the part behind the right side of the driver's vehicle in the above test.

Ultimately, the Defendant suffered injury to the victim C, such as catitis, which requires treatment for about three days, due to the above occupational negligence, and the victim E, the passenger of the said taxi (the 48 years old), who is the passenger of the said taxi, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of each written diagnosis and written confirmation to Acts and subordinate statutes;

1. Article 3 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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