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(영문) 서울북부지방법원 2016.04.12 2015고단4454
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 November 28, 2015, the Defendant was under the influence of alcohol content of 0.203% among blood transfusions, and driven a DEX car from the section of approximately 1km from the roads near the water basin of the Gangseo-gu Seoul, Gangnam-gu to the roads front of the C Han-do located in Seoul, Gangnam-gu, Seoul.

2. Around November 28, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving a EXE car and driving a EXE car in front of the Hando house located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, along the two-lanes of the two-lanes from the basin to the basin of the U.S. from the basin.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to thoroughly keep the front and the safety distance from the front and to prevent accidents.

Nevertheless, the Defendant, by negligence, neglected to drive a signal waiting vehicle in the front bank due to the influence of drinking, caused the victim E (42) driver's fyer XG car behind the Defendant's driver's vehicle to suffer injury to the victim E, such as cryp salt, cryp salt, etc. requiring approximately three weeks of medical treatment, and suffered injury to the victim G (21 years of age) who is the passenger, requiring approximately three weeks of medical treatment, such as cryp salt, etc., requiring approximately three weeks of medical treatment to the victim G (21 years of age), requiring approximately three weeks of medical treatment to the victim H (37 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G and H;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to the place of recording and the report on detection;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic 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 Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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