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(영문) 서울남부지방법원 2014.08.14 2014고단2246
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B car.

1. Around 01:40 on January 25, 2014, the Defendant driven the said vehicle while under the influence of alcohol content of 0.072% at a section of about 50 meters from the front day of the "Jindo" head office in Guro-gu Seoul, Guro-gu, Seoul to the front day of the 435 Mindo-ro.

2. On January 25, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the said car at around 01:45, and led to the opening of the 435 Geumgang-ro, Guro-gu, Seoul to the direction from the side of the high-class market.

At the time, the place was the duty of care to operate after checking the safety of the course by checking well the right and the right and the right.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a bypass while driving it, and was in front of the Defendant’s driving vehicle that the victim C(71) drives.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, 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;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act takes into account the following factors: (a) the fact that the defendant recognized and reflected the crime; (b) the agreement with the victim of the traffic accident; and (c) the fact that there is no criminal record of a fine or heavier; and (d) the defendant’s age, character

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