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(영문) 서울서부지방법원 2013.06.25 2013고단880
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

The defendant is a person who is engaged in driving of C C C C, a car.

On March 4, 2013, the Defendant driven the said car under the influence of alcohol concentration of 0.141% in blood on March 4, 2013, and continued to drive the said car at a speed of about 50km in the speed of 3 lanes from the south bank to the north bank of Mapo-gu, Seoul.

At the time, it is night and its location is where the center line of yellow solid lines is installed, so in such a case, there was a duty of care to thoroughly see the front-time situation in the driver of the motor vehicle and to prevent the accident in advance by safely driving the motor vehicle in accordance with the tea line.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle in a state where normal driving is difficult due to the negligence while driving the vehicle while driving the vehicle in a state where normal driving is difficult, followed by the direction of the opposite direction to the right part of the EST5-si driving of the victim D(58 years old). The part which was blicked to the right part of the victim FF (37 years old) driving, which continued to proceed in the opposite direction, was facing the above part of the Gless Cargo in front of the car of the victim FF(37 years old).

Ultimately, the Defendant suffered injury to the victim H(the age of 37) who was driving the said body-man car while making it difficult to drive the car normally due to influence of drinking, such as a climatic salt, etc. which requires approximately two weeks of medical treatment, and injury to the victim F who was driving the said string cargo, such as a chest feling in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of each traffic accident;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis;

1. Application of traffic accident scenes and vehicle photographs-related Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

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