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(영문) 서울서부지방법원 2021.03.18 2020고단3503
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 25, 2020, the Defendant violated the Road Traffic Act (drinking) driven B B B in the state of under the influence of alcohol content 0.118% while under the influence of alcohol content 0.18% in front of the 290 non-luminous global zone from the cromatic distance in Eunpyeong-gu Seoul Metropolitan Government on August 19, 202.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of the above B-car.

The Defendant driven the above vehicle while under the influence of alcohol on the daily border like paragraph (1) and proceeded with a joint signature of Eunpyeong-gu Seoul Metropolitan Government on the two-lanes in front of the 290 U.S. Blue-gu Seoul.

There is a duty of care to safely drive a vehicle by maintaining the safety distance and properly operating the steering and operating the steering system while keeping the steering and operating the steering system in a way that the vehicle has a lot of traffic.

Nevertheless, due to negligence, the Defendant neglected to do so, received as part of the front part of the Defendant’s driving vehicle, the part concerning the lower part of the victim’s D driver’s D's drive, which was cut down in the front line pursuant to yellow fluor.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the situation of a driver driving, and a report on the results of regulating drinking;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of a victim);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (Selection of imprisonment), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (the fact that the defendant repents his wrong and the defendant is sentenced to a heavier penalty than a fine).

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