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(영문) 전주지방법원 정읍지원 2018.01.25 2017고단408
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years 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 a view to having a view to having a view to having a view to having a view to driving a vehicle B.

On September 21, 2017, the Defendant driving the said car under the influence of alcohol level of 0.197% in the city of Jung-gu, Jung-gu, Seoul, and driving it from the new elementary school to the front school distance, while driving it under the influence of alcohol level of 0.197% in blood.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle in the front and the motor vehicle in the safe manner.

Nevertheless, the Defendant was negligent in driving the center line in a situation where normal driving is difficult due to the influence of alcohol as above, and caused the Defendant’s driver’s driver’s feling car of the victim E(32) driving while driving in line with the direction of the Defendant’s driving.

As a result, the Defendant driven in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim’s injury of salt and tensions that need to be treated for about two weeks.

2. The Defendant, in violation of the Road Traffic Act (driving), driven a B-type interview car in the state of alcohol leveling 0.197% of alcohol level in the 1km section from the front of G in the city of Jung-gu to the place indicated in paragraph 1 of the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (which reflects mistake).

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