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(영문) 서울북부지방법원 2018.02.22 2018고단168
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a car BD car.

On November 13:40 on November 7, 2017, the Defendant driven the said three-lane road in front of the cultural high school located in Dobong-gu Seoul, Dobong-gu, Seoul, with a alcohol concentration of 0.096% in blood, while under the influence of alcohol, and led the Defendant to drive the said three-lane vehicle along the two-lane in the direction of offset.

In this case, the driver of the vehicle has a duty of care to operate the steering system and the steering system properly by properly operating the steering system and the steering system while living well in the front line of the vehicle, because the vehicle was parked in the signal line before the intersection.

Nevertheless, under the influence of alcohol, the Defendant neglected his duty of care in the front, and failed to properly operate the steering and steering system, and was negligent in driving the steering and operating the steering system in the front part of the three-dimensional car, which was driven by the victim C (62 ) who was standing in the front line from the front line to the signal atmosphere, and was driven by the rear wheels of the victim C (62 ) who was driving in the front line.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as injury to sexual brain that requires treatment for at least six months.

2. On November 12:30, 201, from around 12:30 to around 13:40, the Defendant driven a B-type car under the influence of alcohol concentration of about 0.096% from the subway Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the culture high school located in the Dobong-gu Seoul Metropolitan City, to the road in front of the cultural high school located in 49, Dobong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the traffic accident report (1) (2) (actual survey report), the report on the detection of a primary driver, the report on the circumstantial statement of the primary driver, the on-site photograph of the accident, and the medical certificate;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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