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(영문) 청주지방법원 2017.04.20 2016고단2475
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the BP car, who is engaged in driving of the above vehicle.

On October 12, 2016, the Defendant driving the said car with alcohol content of 0.143% in a drunken state of 0.16:20% in blood, and continued to drive the said car with four-lanes of the salary-distance 1, which is located in the 1nd circulation of Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Since there was an intersection where signal lights are installed, the driver of the motor vehicle had a duty of care to live well on the right and the right and the right and the right of the driver of the motor vehicle, and to operate the steering and brakes accurately and accurately.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, did not properly see the front door while making it difficult to drive a car in a normal condition, and led to the Defendant’s failure to stop at the front door of the Defendant, which was driven by the victim C(34 tax) who was under the influence of signal in the signal atmosphere, the Defendant saw the front part of the car in the front part of the car of the said spectrum.

After all, the Defendant suffered from an injury to the victim C and the victim E (V, 25 years old) by occupational negligence as above, each of the two weeks in need of treatment for the victim C and the victim E (V).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Damage Compensation Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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