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(영문) 서울중앙지방법원 2016.04.15 2016고단902
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 05:40 on January 13, 2016, the Defendant: (a) driven a 1km CK5 vehicle with a alcohol content of about 0.204% while under the influence of alcohol from the front of the restaurant “7-16’s 7-16’s Madern-dong, Gangnam-gu, Seoul, to the front of the Gangnam-gu, Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) led the front road of Gangnam-gu to the south of sexual water in the direction of pressure-gu where alcohol content 0.204% is under the influence of alcohol in blood at the time set forth in paragraph (1).

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering system, brakes, etc.

Nevertheless, the Defendant neglected to drive the vehicle at the right time when it is difficult for the Defendant to drive the vehicle at the right time due to the influence of drinking, and suffered from the injury of the victim D(44) (the victim D) who stops in the signal waiting at the right time due to the influence of drinking, by shocking the victim D and the passenger F(the victim 41 years old), who is in need of approximately two-day medical treatment, due to the shock of the victim D(the victim D and the passenger) in front of the 5-day passenger vehicle driven by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents and reports on the circumstances of the driver involved in driving;

1. A record of pulmonary measurement;

1. On-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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