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(영문) 춘천지방법원 원주지원 2014.07.22 2014고단537
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 17:50 on June 4, 2014, the Defendant: (a) driven a BM5 vehicle under the influence of alcohol by 0.231% in a section of about 30 meters of alcohol alcohol concentration from the front side of the original career apartment at the Hanju-si to the front side of the chill-ho-dong in the original city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving BM5 motor vehicles;

As above, the Defendant, while under the influence of alcohol, sniffing, sniffing, ginging, walking, etc., was red and difficult to drive normally due to the influence of drinking. However, the Defendant driven the said car and led the same-sex apartment from the side of the Confucian School to the speed of about 10km per hour at the speed of about 10km.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by checking the rear well.

Nevertheless, while the Defendant neglected to take care of it, the victim C (the age of 59) who was parked in order to get a customer at the later bank, was shocked with the front part of the DJ si that was driven by the victim C(the age of 59).

Ultimately, the Defendant suffered injury to the victim C, such as salt ties and tensions, which require approximately two weeks of medical treatment by occupational negligence as above, and injury to the victim E, who is the passenger of the said taxi, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Application of Acts and subordinate statutes to the report on the proper launch of a driver, the report on whether to drive any danger, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime committed.

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