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(영문) 서울동부지방법원 2019.09.05 2019고단1932
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:24 March 20, 2019, the Defendant driven a hybrid vehicle C Habrid while under the influence of alcohol of about 0.113% of blood alcohol concentration at the 7km section from the Do in front of the French-gu Seoul Dongdaemundong to the front road of Seongdong-gu Seoul Metropolitan Government.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a motor vehicle around Seongdong-gu Seoul on March 20, 2019 and was driving a road around Seongdong-gu Seoul. At the same time, the Defendant was driving at night, and was sucking down on the fright at night, and thus, the Defendant had been driving with a sufficient speed, and operated the brakes and steering gear accurately. In particular, at the time, the Defendant was unable to drive a motor vehicle because he was under the influence of alcohol and make it difficult for him to drive a motor vehicle normally, such as the foregoing paragraph (1).

Nevertheless, the Defendant neglected this and changed the lane from three lanes to one lane in the above road while driving the above vehicle with a blood alcohol concentration of 0.113% as stated in the above paragraph (1), and caused injury to the victim (24 years old) by taking the left side of the victim D(24 years old) driving, which was proceeding along the two-lanes in the front side of the road, by taking the back side of the victim D(24 years old), which was proceeding along the two-lanes in the front side of the road.

Accordingly, the defendant driving a motor vehicle while under the influence of alcohol, and driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Seven copies of a traffic accident report, a report on the occurrence of a traffic accident, and a black booms-down screen;

1. Inquiry into the enemy;

1. A written appraisal of blood alcohol and a medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Application of the Tramark Official Form);

1. Criminal facts;

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