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(영문) 광주지방법원 2018.12.13 2018고단4081
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2018, when the Defendant was unable to drive normally while under the influence of alcohol 0.178% from blood alcohol level, the Defendant driven Cpoter II cargo vehicle from the Do near the Pungam reservoir in Seo-gu, Gwangju, Seo-gu, Gwangju, and had the front post office located in Seo-gu, Seo-gu, Seo-gu, to drive into the Sung Agricultural Products Market room located in Seo-gu, Seo-gu, Seo-gu, Seo-gu. On September 2, 2018, the Defendant had a duty of care to safely drive the steering of the steering system and brake system by negligence while driving the vehicle while neglecting the duty of care, and caused no injury to the victim D (64 years old) in front of the above cargo vehicle, and caused no injury to the victim D, such as injury to the victim during the pertinent two week period, and no injury to the victim during which approximately two weeks open medical treatment is needed (60 years old, no injury to the victim).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs of traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. A report on internal investigation (a report on the situation of the driver at the main place of business);

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

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of the punishments prescribed for each of the above crimes: Provided, That the maximum of the punishments prescribed for the crimes of violation of Road Traffic Act shall be set at the lowest of the punishment prescribed for the crimes of violation of Road Traffic Act);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under Article 62-2 (1) of the Criminal Act, protection and observation;

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