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(영문) 서울중앙지방법원 2019.08.30 2019고단4257
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BAD A7 car.

1. Around 07:50 on April 19, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.058%, and the Defendant driven the said vehicle from the area near the Gangnam-gu Seoul Southern Station to the same Chon at approximately 2km from the area near the Gangnam-gu Seoul Southern Station to the same area.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car while under the influence of 0.058 percent of alcohol content as stated in paragraph (1) at the time of the foregoing paragraph (1) and led the front distance of the D apartment in front of Gangnam-gu Seoul Metropolitan Government to the E-house level from the school Dong Park to the E-house level.

In this case, the driver of the vehicle has a duty of care to maintain a clear mind for the driver of the vehicle, thoroughly look at the front line of the course, and if there are other vehicles entering the intersection, the driver of the vehicle has a duty of care to prevent the accident by driving the concession and prevent the accident from spreading.

Nevertheless, due to the negligence of being negligent in driving, the Defendant sustained the injury of the victim H(49 years old), I(36 years old), and J(52 years old), respectively, by taking the part of the victim F(37 years old) driver's G in the upper left side of the Defendant's driving route, which was moving the said intersection to the right side of the driver's car, and taking the part of the victim F(37 years old) driving in the right side of the car, and taking the victim F(49 years old), I(36 years old), and J(52 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement in the circumstances of an employee;

1. Statement of the occurrence of each traffic accident by the F, H, I, and J;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes of the 112 site departure report;

1. Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation and injury caused by occupational negligence) and the Gu concerning criminal facts;

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