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(영문) 춘천지방법원 강릉지원 2016.04.15 2016고단31
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. On October 14, 2015, the Defendant: (a) driven a C options car under the influence of alcohol content of about 0.144% at a section of about 100 meters from the front of the Gangseo-si Public Health Center located in the Gangseo-si, Gangnam-si to the front road of the Support Center for the Disabled Living Living in the same city, located in the same city, from around 19:36, the Defendant driven a C options car under the influence of alcohol content of about 100 meters.

2. On October 14, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a observer car with a alcohol content of 0.144% at around 19:36, while it is difficult to drive the observer car normally due to the influence of alcohol during the blood transfusion, the Defendant driven the observer car at around the 664th day of Gangnam-si Children Support Center for Disabled Persons with Disabilities along the two-lane distance from the eropo-dong University.

At that time, since the passage of vehicles and pedestrians was frequent and the crosswalk was installed, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle by temporarily stopping the motor vehicle before the crosswalk, and by checking whether there is a person who gets to walk the road, and driving the motor vehicle on the front side and the right side.

Nevertheless, the Defendant did not find out the victim D (the age of 61) who dried a road on the right side of the crosswalk from the left side of the road in the direction of the defendant's vehicle running along the motor vehicle due to negligence while neglecting this, and did not discover the victim D (the age of 61) and had the victim go beyond the road by taking the victim's right side bridge, etc. on the front part of the motor vehicle of the defendant.

Defendant 1 suffered injury to the victim, such as the franchising frame of the franchisium in need of approximately 11 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the result of a suspension of drinking driving, and a report on whether to drive any danger;

1. Report on internal investigation (D telephone communications);

1. Photographs related to each accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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