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(영문) 서울동부지방법원 2013.10.14 2013고단2267
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 a BYFLI car.

On July 20, 2013, the Defendant driven the said car with approximately 0.244% of alcohol concentration around 01:00, while under the influence of alcohol, and continued to drive the said car at an insular speed by using the road in front of the Northern market located in 600, Songpa-gu, Seoul, Seoul, at a two-lane distance from the side of the Seoul Trisan Hospital.

Since there are frequent traffic of vehicles and the vicinity of a traffic signal atmosphere, the driver of the vehicle had a duty of care to prevent accidents by breaking the front door and the left and right, and operating the brake accurately.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol and neglecting to do so, led the part concerning the rear part of the Drash car driven by the victim C(32 years of age) who was in the atmosphere of the signal in the vicinity of the said intersection to the front part of the said Drash car.

Ultimately, the Defendant, while driving the said rocketing car under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, suffered injury to the victim E (the 52 years old) who was on board the said rocketing car with the said car, by suffering from the injury, such as fladal salt, which requires hospital treatment for about a week, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Statement to C by the police;

1. A report on the circumstantial statement of the driver, and a written appraisal of blood alcohol prepared by the National Science Investigation Institute;

1. Vehicles and field photographs;

1. Application of the Acts and subordinate statutes concerning each entry and discharge certificate and estimate;

1. Article applicable to criminal facts;

(a) The fact of injury caused by each dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Occupation of drinking: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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