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(영문) 서울서부지방법원 2021.02.18 2020고단3285
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. Around August 2, 2020, the Defendant was driving a vehicle under the influence of alcohol with approximately 1k alcohol concentration of 0.126% from the section of approximately 1km from the roads near Eunpyeong-gu Seoul to the roads front of the D convenience store in Eunpyeong-gu Seoul, Seoul, at around 01:29, around August 2, 202.

2. The defendant is a person who is engaged in driving of a motor vehicle with low risk driving, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The Defendant driven the foregoing vehicle while under the influence of alcohol concentration of 0.126% during the day-to-day alcohol during the influence of alcohol, and led to the direction of the D convenience store located in Eunpyeong-gu Seoul Metropolitan Government to the direction of the base of cancer in the Gusan Station, and changed the course into one lane at a speed of about 60 km per hour among three laness in speed.

At night and at the time, the safety zone was marked on the surface so that the defendant could not go straight by the internship, and several lanes are installed on the outer line, so there was a duty of care to use the said one lane only when a person engaged in driving a motor vehicle makes a internship.

Nevertheless, the Defendant neglected it while under the influence of alcohol and violated the direction expressed as the safety zone of the said one-lane, which is marked as the safety zone of the said one-lane, and received the back part of the left part of the driver’s vehicle of the Victim F (V, 46 years old) driving by changing the course from the two-lanes to the one-lane one-lane.

As above, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as cryp salt, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the Defendant’s report on investigation (the above dmark official application) with respect to the investigation report;

1. Relevant provisions of the Act concerning facts constituting an offense;

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