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서울서부지방법원 2018.02.13 2017고단3616

A defendant shall be punished by imprisonment for not more than ten 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.


Punishment of the crime

1. On August 11, 2017, the Defendant: (a) driven a Cbenz motor vehicle under the influence of alcohol at approximately 0.282% of alcohol level from a 90-meter section from the 26-lane 79, Seocheon-si, Seocheon-si, to the front road of Seocheon-si, Seocheon-si; (b) on August 11, 2017.

2. The Defendant is a person engaged in driving a motor vehicle at Cenz.

On August 11, 2017, the Defendant driven the benz car with a alcohol level of 0.282% 0.2% during blood transfusion around 00:31 on August 11, 2017, and led the Defendant to drive the benz car in front of Seocheon-si with a private distance from the high-speed bank to the high-speed bank.

At the time, it is night and where there are many vehicles temporarily stopped for smooth passage through a narrow road. In such a case, a person engaged in driving service has a duty of care to ensure the safe operation of the vehicle by checking whether or not the vehicle has been parked in front and left well, and accurately operating the steering direction and brake system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in the opposite direction of the Defendant without recognizing that the vehicle is under a stop on the front side, and the victim D (61) who was waiting for the Defendant to proceed, and stopped the vehicle, and received the front part of the vehicle in front of the instant benz car.

As a result, the Defendant driven the benz car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., by driving the benz car for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1.Notification of the results of drinking control and response to requests for appraisal;