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(영문) 서울남부지방법원 2018.06.28 2018고단2222
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 20, 2008, the Defendant was issued a summary order of KRW 1 million by the same court as a fine of KRW 3 million on January 4, 201, for the same crime, in the case of the violation of the Road Traffic Act in the support of the method of driving water sources in Ansan, and the summary order of KRW 3 million by the same court as the same crime.

A person who violated Article 44(1) of the Road Traffic Act more than twice, and again, around May 21, 2018, the Defendant driven a Brocketing car under the influence of alcohol of about 0.090% of alcohol concentration in blood at approximately 800 meters from the road near the Guro-gu Seoul Metropolitan Government Gabong-gu, Seoul to the 2-ro 98 added to Geumcheon-gu, Seoul, the roads from May 5, 2018.

2. Around May 21, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B rocketing car while under the influence of alcohol, and proceeded with the IT capital-oriented road into the two-lanes between the two-lanes from the digital 2-lanes to the steel mountain intersection, while driving the two-lanes from the digital 4-lanes to the three-lanes.

At the time, vehicles waiting at night and in the front direction are stopping, so in such cases, a person engaged in driving a motor vehicle has a duty of care to accurately handle steering devices, brakes, etc., and to safely report the traffic situation on the front direction and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to stop the course while driving the victim C(54) waiting for a signal signal at the front bank, and received the back part of the victim C(54) driving in front of the left side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A certificate of measurement of drinking;

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