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(영문) 인천지방법원 부천지원 2016.07.01 2016고단1202
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 15, 2016, the Defendant: (a) driven BM5 cars while under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.116% from the 400-meter section to the solar lab road in the 1750-gil 66, as from a restaurant where the trade name of both village and Eup at Kimpo-si cannot be known, at around 15:08, in the same Eup/Myeonpo-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM5.

On May 15, 2016, the Defendant came to proceed at the speed of about 20 km in the direction of solar flock in front of Taeyang-do, 66, a 1750-gil, as Kim Jong-si, Kim Jong-si, at around 15:08, at the speed of about 15:08, 1750.

Since the Defendant discovered a victim C (53) who intends to enter the above intersection from the right side a D low-speed car driving, the Defendant had a duty of care to reduce the speed and drive the car in a safe manner.

Nevertheless, under the influence of liquor, the Defendant was negligent in neglecting this and received the front part of the Defendant’s vehicle in front of the low-priced gate and pentel part of the Defendant’s vehicle for SM5 riding.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as catum salt in need of approximately two weeks of medical treatment, and the injury to the victim E (the 53 years old), who was accompanied by the low-speed car, to the victim E (the 53 years old), for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Investigation report on the actual condition, report on the occurrence of a traffic accident, report on the circumstances of the driver of the main driving, and report on the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to field medication and accident photographs;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation and the occupation in the workplace) and Article 148-2(2)2 of the Road Traffic Act concerning criminal facts.

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