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(영문) 대구지방법원 김천지원 2017.05.24 2017고단283
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

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B B-S car.

On November 27, 2016, the Defendant driven the said car under the influence of alcohol content of 0.131% in blood around 08:40 on November 27, 2016, and led to the course of driving the said car on the fri-distance down road in the 3478, Kimcheon-si, Kimcheon-si, Kimcheon-si, into the fluence on the side of both sides.

Since there is a bend road where the center line of the yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving service is thoroughly able to run the front line and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim C(56) driving in a manner consistent with the Defendant’s running direction by neglecting the center line, and received the front part of the victim C(56) driving as the Defendant’s car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt ties, tensions, etc. of a horse that requires approximately three weeks of medical treatment, and the injury to the victim E (82) who is the passenger of the said SM7 car, such as a cage cage of a cage cage, etc., which requires approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said B B B B in the state of under the influence of alcohol content of about 4km from the front of the Kimcheon-ro, Kimcheon-ro, 111 at the time indicated in paragraph (1) to the front of the 3478 Chocheon-ro road located in the same city, Namcheon-do, Kim Jong-do (Ycheon-dong) at approximately 0.131% of alcohol content in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Fact-finding reports on drivers of alcoholic beverages, and inquiry into the results of crackdown on driving alcohol (the investigation records No. 86 pages);

1.Law and subordinate statutes concerning internal investigation reports (as to attachment of a diagnosis report, and as to attachment of a diagnosis report, and as to attachment of a written response to a request for appraisal, with respect to field photographs near the Matri-distance of the accident).

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