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(영문) 춘천지방법원 강릉지원 2017.01.25 2016고단1550
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 28, 2008, the Defendant was sentenced to four months of imprisonment due to a violation of road traffic law (drinking) in the support of the Youngcheon District Court of Chuncheon on October 26, 2010, and was sentenced to eight months of imprisonment with prison labor for the same crime, etc. in the same court on October 26, 2010, and was driving a motor vehicle under the influence of 0.83% of alcohol while under the influence of alcohol at approximately 300 meters from the road in front of the central market building located in the 21st place to the road in the city of Gangnam-si on October 9, 2016.

The Defendant, as above, driven a motor vehicle under the influence of alcohol even though he violated Article 44(1) of the Road Traffic Act not less than twice.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person driving a motor vehicle E-wing and freight truck.

Defendant 1 driven the above cargo while under the influence of alcohol as described in the above 1. paragraph, and proceeded to the road in front of the singing practice hall located in Gangseo-si C, and proceeded to the parallel of the parallel.

Since the passage of vehicles is frequent, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes for those engaged in driving of vehicles.

Nevertheless, the Defendant was negligent in neglecting the duty of care on the front side to use a mobile phone possessed under the influence of alcohol as seen above and proceeding as it is, and the part of the Defendant was followed by G Muss f(69 years old) driving by the victim F.(69 years old) who was under the stop at the front side of the Defendant’s running direction.

Defendant 1’s occupational negligence inflicted an injury on the victim’s base and tension that requires approximately two weeks of treatment on the part of the victim, and on the part of the victim H (e.g., the 59 years old) who is a passenger of the said Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Ha

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