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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단3753
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 November 10, 2016, the Defendant driven B rocketing taxi under the influence of alcohol concentration of approximately 0.127% from the 100m section of the blood alcohol level to the front road of the Handong-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, with a view to “the collisionation of this Mona” on November 18:5, 2016.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of B rocketing taxi.

On November 10, 2016, the Defendant, as described in paragraph (1) around 18:55, was under the influence of alcohol, proceeded with a road of about 20 km in the direction of the Goyang-gu Seoyangdong-gu, Seoyangdong-gu, Seoyangdong-do, Hanyang-do, one lane in front of the non-ununch apartment was under the influence of alcohol at the speed of about 120 km from the fluent basin of the fluent elementary school, along the fluence of the soil.

At the time, it is night, and the victim C (n, 44 years old) driving in the same direction is behind the cub drive D, so there was a duty of care to secure and proceed with a safe distance that can be avoided when the vehicle stops by taking into account the situation well.

Nevertheless, the Defendant failed to stop the vehicle for the signal waiting due to the negligence of driving the vehicle in the vicinity of the vehicle while neglecting this, and was faced with the back of the damaged vehicle due to the defendant's taxi driver.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a notification of the result of regulating drinking driving;

1. A written statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes (C);

1. Relevant Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Criminal Facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and actual injury, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the occupation of drinking,

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