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(영문) 부산지방법원 동부지원 2016.03.25 2016고단108
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a motor vehicle in the B Ropland in the B Ropland.

On January 21, 2016, while under the influence of alcohol content of 0.110% during blood transfusion around 20:15, the Defendant driven the car volume at approximately 4km from the front of the Maritime Authority located in Busan Shipping Daegu-dong to the road fit for the same Dong-dong-dong-dong-dong.

2. Around January 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving the said car at a speed of 0.110% alcohol concentration in blood, as stated in the foregoing paragraph (1), and driving the said car at a speed of about 40km per hour from the verbing side of the floor to the eurging side of the transmission line at the speed of about 40km in Busan Shipping Daegu.

At that time, there is a center line of yellow solid lines. Accordingly, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance, such as not driving a motor vehicle while normal driving is difficult due to influence of alcohol, but accurately manipulating the steering direction and brake system, and not harming the center line.

Nevertheless, the Defendant was at the front part of the Defendant’s driving of the victim C(64) driving that was normally driven by Defendant C(64) due to the negligence of the Defendant’s driving of a stroke due to drinking, and the front part of the Defendant’s driving of the car.

As a result, the Defendant driven the pertinent car in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the opening of the left-hand body, which requires medical treatment of the victim for 14 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking and the choice of imprisonment) concerning facts constituting an offense.

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