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(영문) 서울남부지방법원 2018.07.03 2018고단2338
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. Around 00:55 on April 9, 2018, the Defendant violated the Road Traffic Act (drinking) driven a B-hand car with alcohol concentration of 0.178% in the state of under the influence of alcohol at approximately 5km from the front of the digital short-dong, Geumcheon-gu Seoul Metropolitan Government, to the front side of the digital short-dong, Guro-gu, Seoul, for approximately 20 km to the front side of the 158 luminous road.

2. On April 9, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) committed an inaccurate speech and behavior under the influence of alcohol as seen above, and driven a vehicle with B string in a state where it is difficult to drive normally due to the influence of drinking, and driving a vehicle with B string in a state where it is difficult to drive normally due to the influence of drinking, as well as driving a vehicle with B string in a state where it is difficult to occur due to the influence of drinking, and driving the said road in the direction of underground passage, opening the road at the inner intersection of the 158-lane of Seoul Metropolitan Guro-gu in the direction of passage.

At the time, the road is at night and its location is in the center line, so in this case, the defendant driving a motor vehicle has a duty of care to keep the right side of the center line and properly manipulate the steering and steering system so as to prevent the accident from occurring.

Nevertheless, Defendant 1 was negligent in driving along the center line in a situation where it is difficult for Defendant 2 to drive under the influence of alcohol as seen above, and the part on the left-hand side of Defendant 2 was driven by the victim C(65 ) who normally proceeds from a three-lane distance from the underground side of the road along the two-lane distance.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C with salt and tensions that require approximately two weeks of medical treatment, and upon the victim E (S) who was on the back of the said taxi, approximately two weeks of medical treatment. In addition, the Defendant suffered injury to the victim E (S) who was on the back of the said taxi, such as salt and tension.

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