(영문) 서울동부지방법원 2018.09.12 2018고단1897

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자간(%)

(영문) 서울동부지방법원 2018.09.12 2018고단1897

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. On April 25, 2018, the Defendant was under the influence of alcohol content 0.128% in blood on April 25, 2018, the Defendant driven Brocketing car from the area of approximately 3 kmm to the intersection of the Seoul Songpa-gu Seoul Olympic Games (Pungdong, Pungdong, Pungnam Middle School) with the same 43-gil 20, 43-gil 20, and 3 km from the area of the Seoul Olympic Winter (Pungdong, Pung High School).

2. On April 25, 2017, the Defendant, while under the influence of alcohol at around 04:47, 2017, driven the said B rocketing car, and led the roads of five-lane 43-lane 20, 20, 3-3, 43, 5-lane 40, 5-lane 40, the south of the Olympic Winter Games (Pungdong and Pung High School) to the south of the Winter Winter Games, located at the intersection of the Gu office of the Gu office of the Gu office in the direction of the ecological park.

At the time, the victim C(46 tax) D-Ma driving a e-vehicle, driving the e-mail, driving along the two-lanes from the ecological park at the above intersection to the boundary of the Olympic Park. In this case, the five-lane road was installed on the side of the defendant's running, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle, such as making the vehicle a right-hand along the exclusive lane and accurately manipulating the steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not make a right-hand transit along the exclusive lane. On the three-lane road in the direction of the Defendant’s proceeding, the Defendant immediately discovered and immediately driven the above victim’s vehicle in the signal waiting, but failed to avoid it, and led the Defendant’s vehicle to the front part of the victim’s vehicle.

Ultimately, the defendant is in a situation where normal driving is difficult due to influence of drinking.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-대구지방법원 김천지원 2015.09.10 2015고정442

-서울동부지방법원 2018.08.22 2018고단664