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(영문) 광주지방법원 순천지원 2019.09.26 2019고단1424
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around April 20:37, 2019, the Defendant was driving a e-car under the influence of alcohol with a blood alcohol content of about 27 km from the road front of the Defendant’s residence in Bosung-gun B to the front of the competent oil station in Bosung-gun C.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles

On April 9, 2019, at around 20:37, the Defendant driven the said car while under the influence of alcohol and continued to drive the three-lane distance in front of the DNA oil station in Bosung-gun C along a one-lane from a flow off to a flow off.

It is a place where the central separation is installed, and a two-way lane is prohibited from entering, so there was a duty of care to not enter the person engaged in driving service.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol as above, and due to the negligence of entering a lane in line with the direction of the reverse driving direction, the victim F (hereinafter referred to as 50 years of age) who was driving along the same one lane was driven by the victim F (hereinafter referred to as 50 years of age).

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

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, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the selection of imprisonment with labor for the crime;

1. Aggravation for concurrent crimes;

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