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(영문) 서울동부지방법원 2016.07.21 2016고단1341
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. On May 3, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven by the said vehicle under the influence of alcohol content of 0.172% in a blood relative around 04:20 on May 3, 2016, the Defendant driven the said vehicle, while driving the said vehicle at around 0.172%, and driving the said vehicle at a two-lane of 8-lane 12-lane in front of the Seoul Songpa-gu new apartment at the 12-lane 12-lane, and driving the vehicle at the sp

At the time of the defendant's frontline, since the victim C(59) driver's Do taxi is in the atmosphere of traffic signals, the defendant engaged in driving duty has a duty to safely stop by reducing the speed and speed.

Nevertheless, the Defendant neglected this and received the back part of the damaged vehicle as the front part of the Defendant’s vehicle due to negligence, and suffered injury, such as fluoral salt, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B rocketing car under the influence of alcohol content of 0.172% in blood at the same time and at the same place.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions, reports on the occurrence of traffic accidents, and records on drinking measurement;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the Defendant’s assertion of the order to attend a lecture under Article 62-2 of the Criminal Act, the Defendant was driving in the state of drinking at the time of the instant accident, but it was not difficult to drive normally due to drinking.

The argument is asserted.

The evidence of this case is among the evidence of this case.

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