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(영문) 서울남부지방법원 2014.02.21 2013고단4541
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 18:30 on August 2, 2013, the Defendant: (a) driven a Clearning car under the influence of alcohol at a section of about 500 meters of alcohol content from the front of bus terminal located in Guro-gu Seoul Metropolitan Government to the road prior to distribution of punishment 82-3.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving of Clearning Motor Vehicles.

At around 18:30 on December 2, 2013, the Defendant, while under the influence of alcohol as described in the foregoing paragraph 1, driven the above-learning passenger car and driven the front side of the distribution of the 82-3 square vehicles in Guro-gu Seoul Metropolitan City, Guro-gu at a speed of about 40 km from the direction of the Suwondo Public Security Center to the wind apartment at a speed of about 40 km per hour.

At the time, since the victim D (the age of 55) was located on the right side of the fright side of the fright-hand vehicle, there was a duty of care to confirm and drive the fright-hand vehicle by checking the speed reduction and its attitude at sufficient intervals.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above part of the bridge part of the victim's vehicle due to negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury to the left-hand check of the 8 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on detection of home-employed drivers, and circumstantial statements;

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

1. Relevant provisions of Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the suspension of execution is against the depth of Article 62(1) of the Criminal Act, and is covered by the comprehensive automobile insurance; and

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