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(영문) 광주지방법원 2018.11.13 2018고단3774
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 i30 in driving a vehicle.

On May 12, 2018, the Defendant, while under the influence of alcohol content 0.194% during blood transfusion, was unable to drive normally, led to the progress of the second apartment of the GS25 convenience store (age-wing modern apartment) in front of the GS25 apartment, which was located 6-2 no. 70-ro, north-gu, Gwangju, to the direction on the side of the GS25 Children Park.

At the time, the house is night, and there is a strong length of pedestrian traffic in the vicinity, so in such a case, a person engaged in driving service has a duty of care to safely drive a pedestrian who had a duty of care so as not to shock the pedestrian by accurately manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim C (62) who was walking on the front side of the running direction of the Defendant’s vehicle due to negligence while neglecting this, and was in front of the Defendant’s vehicle.

As a result, the Defendant suffered injury from an indoor cerebral cerebrovascular injury to the victim, which requires approximately four weeks of medical treatment due to such occupational negligence.

2. The Defendant was driving a B 130-car under the influence of alcohol content of 0.194% in alcohol, from the date and time stated in paragraph 1, before GS25 convenience stores in Gwangju Northern-ro (ageing modern point) located in 68, GS25, GS2, to the front road of the second apartment of the Dori-ro 70 Dori-ro 70 Dori-ro Dori-ro 70 Dori-ro (ageing Dong-dong) to the second apartment of the Dori-ro Dori-ro 5 Dori-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes selected.

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