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(영문) 서울남부지방법원 2020.08.11 2019고단6607
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaged in driving a BMW520d car, and the Defendant was driving the said car under the influence of alcohol around 05:44 August 18, 2019, while driving the said car at a level of 0.065% of alcohol level, and driving the said car at a one-lane of the fourth-lane between the 5-lane community service center located in the eth of the new month and the 5-lane community service center of the Gangseo-gu Seoul Metropolitan City.

Since there was a cross-section, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle according to the signals as the signal apparatus is well reported to the cross-section signal and as the signal apparatus instructs.

Nevertheless, the Defendant neglected this and received the front part of the D MT07 Two-wheeled Automobile driving by the injured party C (the aged 57) who is under direct control pursuant to the new subparagraph at the seat of Gangseo-gu Office, Gangseo-gu (the age of 57) on the left-hand turn to the stop signal of the vehicle.

The Defendant suffered injury to the victim by occupational negligence during approximately 15 weeks of treatment.

2. Violation of the Road Traffic Act (MMW520d Driving) was under the influence of alcohol with the blood alcohol concentration of 0.065% at the above temporary border, the Defendant driven a BMW520d car from the 8km section from the steel fluoral road at the time of the sports in light of light to the glusular road in Gangseo-gu Seoul, Gangseo-gu, to the front road in front of the elu

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident by a defendant and C;

1. Report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the results of the control of drinking driving;

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

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (3) 3, and Article 44 (1) of the Road Traffic Act;

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