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(영문) 수원지방법원 안양지원 2017.09.28 2017고단1233
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 26, 2017, the Defendant violated the Road Traffic Act (divated driving) driven a d motor vehicle under the influence of alcohol with approximately 2km alcohol concentration of about 0.182% from the 2km section to the road front of a restaurant located in the Gu-gu in Ansan-si around 00:20 on the same day from the 1st day of the same day from the 1st day before the 1st day of the same day at the Dong-si city.

2. On June 26, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a motor vehicle with a width of 0.182% in blood while under the influence of alcohol in front of the Gu C cafeteria in Ansan-si around 00:20 on June 26, 2017, the Defendant driven a motor vehicle with a speed of about 50km in the direction of a water village from the direction of a white distance.

Since the place is where a traffic signal, etc. is installed and a motor vehicle in the atmosphere is parked, the driver of the motor vehicle has a duty of care to live the front door well and to properly operate the brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not properly look at the front side, and caused the Defendant to shock the truck freight to the front of the Defendant’s passenger car by the victim E (55 years) who is waiting for the left-hand turn signal in front of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Notice of the result of crackdown on driving drinking;

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

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of driving under influence of alcohol) and Article 148-2 (1) of the same Act concerning the crime, the punishment of imprisonment shall be selected.

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