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(영문) 서울서부지방법원 2013.04.04 2013고단45
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around 00:27 on December 22, 2012, the Defendant was under the influence of alcohol by 0.123%, and around 00:27 on December 22, 2012, the Defendant driven 20 meters from 3-62:0 to 3-31:0 on December 22, 2012, the day from 3-62, Mapo-gu Seoul Mapo-gu, Mapo-gu, Seoul, to 3-31:0 on December 22, 2012.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing 3 driver car.

At around 00:30 on December 22, 2012, the Defendant driven the said small-a three-party car on the road in front of 3-31, Mapo-dong, Mapo-gu, Seoul, with the alcohol concentration of 0.123% on the blood alcohol level, and led to the flow of the said road at a speed that would not be known depending on the two-lane distance from the later side of the Seo River University.

At the time of night, a person engaged in driving service has a duty of care to thoroughly check the prior-time and operate safely.

Nevertheless, the Defendant violated this and was driven by the victim C(the age of 35) who was driven normally in the opposite direction by breaking the central line of the vehicle driven at sM5 due to the negligence of driving a stroke while under the influence of alcohol, and was driven by the victim C(the age of 35) as the front part of the car in front of the said s

As a result, the Defendant suffered injury to the victim C, such as fluoral salt, which requires approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement on the occurrence of traffic accident;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The punishment of imprisonment without prison labor or the crime of violating the Road Traffic Act shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

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