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(영문) 수원지방법원 2019.07.03 2019고단1535
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 03:20 on December 8, 2018, the Defendant driven CM6 vehicle under the influence of alcohol content of 0.196% while under the influence of alcohol, from the 10k section from the roads front of the mutually infinite-dong, Sucheon-gu, Suwon-si to the roads front of the infinite-si, Sucheon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving CM6 automobiles;

Around 03:20 on December 8, 2018, the Defendant was driving the said car along the three-lanes in Jindong community service center at the Jindong community service center with one-lanes.

At the time, since it is night and a road where the passage of other vehicles is frequent, the driver of the motor vehicle has a duty of care to maintain a clean mind, see a careerline, and operate the steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected this and did not keep the victim D(Nam, 43 years old) driving vehicles parked on the right side of the vehicle under the influence of 0.196% of alcohol concentration in the blood, and did not avoid the victim D(Nam, 43 years old) driving on the right side of the vehicle under the above SM6 vehicle. The Defendant received the back part of the above SM6 vehicle from the victim and suffered injury, such as the Y6 vehicle’s salt, tension, etc., which requires the victim to receive approximately two weeks of medical treatment.

As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the accident site photograph;

1. Reports on internal accidents and CCTV images at the scene of accidents;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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

1. Relevant Article of the facts constituting an offense and the solicitation of punishment;

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