(영문) 수원지방법원 평택지원 2020.03.27 2019재고단4

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2020.03.27 2019재고단4

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[2016 Highest 2430] Around 22:50 on March 30, 2016, the Defendant driven an Eflat-house under the influence of alcohol with approximately 500 meters alcohol concentration of 0.192% from the 500-meter section from the front of Pyeongtaek-si B apartment to the front of D Licensed Real Estate Agent in the same city C.

[2017 Highest 196] The defendant is a person who is engaged in driving a motor vehicle by franchise.

On November 7, 2016, at around 21:15, the Defendant driven the said vehicle while under the influence of alcohol of 0.153% of blood alcohol level, and was in the speed of about 30 km from the alley to the eth of the front line of G in Pyeongtaek-siF at the speed of about 30 km from the alley to the front line of Pyeongtaek-si F.

At the time, night, the passage of the slopes, and there are no signal apparatus at the time. In such a case, a person engaged in driving of a motor vehicle has a duty of care to take into account the traffic situation of the intersection and safely proceed before entering the intersection.

Nevertheless, due to the negligence that the Defendant neglected to operate the brake system at the front time of alcohol and the negligence that did not properly operate the brake system, the Defendant received the full part of the victim HH driver's vehicle from the left side of the road width to the right side of the road.

As a result, the Defendant was negligent in driving a car in a situation where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury to the victim, such as climatic dump and tension for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, and a written appraisal of blood alcohol (2016 high-class2430 cases);

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving, a report on the actual condition survey, and a medical certificate (2017 high-class group 196);

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); and Article 148-2(2)2 of the same Act (amended by Act No. 15530, Mar. 27, 201); and

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

유사 판례

-수원지방법원 평택지원 2018.12.14 2016고단2430

-수원지방법원 평택지원 2014.03.12 2013고단1579

-수원지방법원 평택지원 2016.07.07 2016고단967

-수원지방법원 평택지원 2014.08.07 2014고단469

-수원지방법원 평택지원 2015.10.22 2014고단1343