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(영문) 서울북부지방법원 2017.09.28 2017고단3427
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. The Defendant is a person who is engaged in driving a vehicle B with the knife while driving the vehicle B.

On June 7, 2017, the Defendant driven the said van while under the influence of alcohol of 0.112% among blood transfusion 02:00, and led to the roads of three lanes in front of the “D” located in Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, along the three-lanes in the direction of the entrance into the hill direction.

At the same time, the F rocketing taxi driven by the victim E (54) was a stop. In such a case, the driver had a duty of care to look at the front and left well, to accurately manipulate the steering and steering gear, to maintain the safety distance with the front vehicle, and to prevent the occurrence of an accident.

Nevertheless, while under the influence of alcohol, the Defendant was unable to maintain the safety distance with the front vehicle without properly operating the brakes, and was negligent in driving the brakes without properly operating the brakes, and was sentenced to a crime following the front of the said rocketing taxi while stopping.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc., which requires approximately three weeks of medical treatment.

2. The Defendant driven a B knife vehicle with alcohol content of 0.112% while under the influence of alcohol without obtaining a driver’s license from the section of approximately 2 km from the 4-dong in Seoul Special Metropolitan City, Nowon-gu, to the roads of the same Gu C 'D' around the day indicated in paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the circumstances of the driver at home;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. The driver's license ledger;

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