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(영문) 대전지방법원 홍성지원 2018.10.24 2018고단594
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 July 6, 2018, the Defendant: (a) driven a D motor vehicle while under the influence of alcohol of about 0.156% of alcohol content from the 5km section to the front road located in B located in the same Gun from the street in front of the arine cafeteria restaurant located in the new Donnam Budget-gun, Chungcheongnam-gun; and (b) around July 22:30, 2018.

2. On July 6, 2018, the Defendant was under the influence of alcohol concentration of 0.156% in blood on the roads in front of C in the Chungcheongnam-nam Budget Group B around July 22:30, 2018, while driving the said nitroon car and driving it toward the public zone on the side of Asan.

Since the location is where a signal is installed, there was a duty of care to observe the signal and prevent accidents by properly manipulating the brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and caused the back portion of the victim E (52) who was in the atmosphere of the signal signal to the front part of the Defendant’s vehicle, and caused the shock of the victim F (M3 years old) to shock the front part of the signal signal.

As a result, the Defendant, while driving the said nice in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim E and the victim G (the 54 years old) who boarded the said nice in the said nice car, etc. requiring a diversified treatment for about three weeks, such as the victim F and the victim H (the 53 years old), I (the 47 years old), and I (the nice, the nice, the tension, the tension, etc. in need of a two-day medical treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

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

1. Relevant provisions of the Act concerning facts constituting an offense;

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