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(영문) 수원지방법원 2018.04.17 2018고단192
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The Defendant is a person who is engaged in driving a third party car.

On December 28, 2017, the Defendant driven the said car under the influence of alcohol level of 0.109% among blood transfusions on December 28, 2017, and led to two-lanes of two-lanes in front of 159-ro 159-o, a fluench-ro in the wife population at permissible time, along the two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of one square distance from the boundary of the tunnels north of the calendar.

In this case, the victim D (Woo, 49 years old) who was waiting for the signal signal to proceed in the same direction as the defendant was stopped, so in such a case, the driver was obliged to take a duty of care to prevent the accident and to safely proceed by driving the steering gear and operating the steering gear in a deep manner.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive the vehicle and received the back wheels on the top side of the steering seat of the vehicle of the Defendant, which was driven by the victim due to the negligence while driving the vehicle.

Ultimately, the Defendant caused the victim D’s injury by occupational negligence in light of the following: (a) the victim F, who is the passenger, to suffer bodily injury, such as fluoral salt, which requires approximately 2 weeks of treatment; (b) the victim F, who is the passenger, to suffer bodily injury, such as fluoral salt, which requires approximately 2 weeks of treatment; and (c) the victim G (V, 57 years of age) who is the passenger, to suffer bodily injury, such as fluoral salt, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Traffic accident report (1), report on detection of a driver of a driving school, and free-use of a drinking measuring instrument;

1. On-site photographs;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.

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