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(영문) 광주지방법원 장흥지원 2018.05.03 2018고단37
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 12, 2018, the Defendant: (a) driven a B-A6 vehicle under the influence of alcohol content of about 0.09% in the section of approximately 9km from the front of an influent restaurant located in the Gangnam-gun National Highway 23 in the same military line to the roads located in the Jinjin-gun National Highway of the same military; and (b) on January 12, 2018, the Defendant was under the influence of alcohol content of about 0.09% in blood.

2. The Defendant is a person engaging in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 12, 2018, the Defendant operated the above car at around 15:20 on January 12, 2018, and proceeded with the two-lanes of national highways 23-lanes around Seojin-dong, Seogjin-dong, Seogjin-dong, Seogjin-dong.

In this case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering gear and steering the steering gear.

Nevertheless, as set forth in the above Paragraph 1, the defendant neglected to drive a motor vehicle on the front side in a situation where normal driving is difficult due to influence of drinking, and was negligent in driving a motor vehicle on the front side of the motor vehicle on which the defendant is driving, and concealed the part of the loading of the motor vehicle on the front side by the victim C who was driving in the front part of the motor vehicle on the front side of the motor vehicle on which the defendant is driving.

In the end, the Defendant suffered injury, such as a cage of fages, which invaded cages cages that require approximately four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. A survey report, on-site map, on-site photograph and explanation, a circumstantial report on dangerous drivers, a copy of the on-site survey report on the death or injury caused by dangerous driving, a copy of the notification of the results of crackdown on drinking driving, and the application of Acts and subordinate statutes (C);

1. As to the criminal facts, Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol) and the aggravated punishment for specific crimes.

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