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(영문) 광주지방법원 2016.01.21 2015고단3743
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on August 31, 2015, the Defendant driven a Dsch Rexton car under the influence of alcohol with approximately 1k alcohol concentration of 0.148% from the 1km section from the roads of "Gansan Elementary School" in Gwangju-dong, Gwangju to the roads of "C" restaurant located in Gwangju-dong, Dong-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) (hereinafter referred to as the “C”), the Defendant driven the said Bosch Rexton car at the time of the day set forth in paragraph 1, leading the road in front of the cafeteria cafeteria in Gwangju Dong-gu to the “Seman Hospital” from the side of the “Gannam Long-term Care Hospital” to the “Seman Hospital,” and changed the course to the four-lane.

At the time, there is a vehicle waiting for signal at the intersection where signal lights are installed at night and on the front side, so there was a duty of care to prevent the accident in advance by safely driving the vehicle by reducing speed and checking well.

Nevertheless, the Defendant, while neglecting the influence of alcohol, neglected to proceed in the front of the Defendant’s vehicle while driving the signal at the front. The Defendant followed the right side of the victim E (the 48-year-old driver) who was under the influence of the signal at the front of the Defendant’s vehicle, and shocked the part on the top of the left side of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers of the primary driver and an investigation report (applicable to the aforementioned No. 4 mark of blood collection);

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the same shall apply to the crime;

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