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(영문) 의정부지방법원 2018.11.02 2018고단449
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On September 15, 2017, the Defendant: (a) driven a bicycle with DCA 1105 engine device under the influence of alcohol level of about 0.109% from the 3km section from the Do Government-si to the Do Government-si in order to ensure that the Defendant was under the influence of alcohol level of about 0.105% from the 3km section from the Do Government-si to the Do Government-si.

2. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the business of driving a set of DCA 110 V bicycle.

On September 15, 2017, the Defendant driven the motor device bicycle as indicated in the “1” paragraph from around 05:10 on September 15, 2017, and driven the three-lane road in front C at his/her own city from the e-school to the right of Ambassador.

In such a case, all drivers of vehicles have the duty of care to prevent accidents by accurately operating, operating, and safely driving the steering side and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and did not properly look at the embankment while under the influence of alcohol as described in the “1” and did not properly operate the brake, thereby receiving the victim F who crosses to the left side of the road from the right side of the road as the front part of the motor device.

After all, the Defendant suffered from the aforementioned occupational negligence that requires approximately 12 weeks of medical treatment, such as cutting down and closing down the body body of the light frame, accompanied by the victim’s non-alleys.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Investigation report (verification of the current state of a victim);

1. A report on investigation;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) and Articles 3 (8) 8 and 268 of the same Act concerning criminal facts;

1. Selection of penalty;

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