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(영문) 서울서부지방법원 2017.10.31 2017고단2062
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 21:00 on July 10, 2017, the Defendant was driving a C-A-hurd-hurged car in the state of alcohol alcohol concentration of about 4 km from the front of the second apartment house in Mapo-gu Seoul, Mapo-gu, Seoul to the new village in Seoul, to the 270-hurh, while under the influence of alcohol concentration of 0.121% during blood.

2. On July 10, 2017, the Defendant, while under the influence of alcohol at a level of 0.121% of alcohol level in blood transfusion around 21:00, the Defendant driven the said Amburged car, and driven the front road of 270 meters in front of Seoul Mapo-gu, Seoul, with four lanes (including the bus exclusive lanes) of the five-lane (including the bus exclusive lanes) a speed of about 50km a speed of 50km a speed from the border to the intersection of the Ambdo.

In such cases, no driver shall drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation of the front side, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and proceeded along the vehicle stop signal at the front side of the same lane, and moved back to the left side of the EK5 vehicle driven by the victim D(52 ) which was driven by the victim D(52).

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and caused the victim D to suffer the victim F (F, 20 years of age) who was on board the said K5 passenger vehicle to receive approximately two weeks of alcohol, and the victim F, who was on board the said K5 passenger vehicle, to receive approximately two weeks of alcohol and the bones of tension.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

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