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(영문) 대전지방법원 천안지원 2019.03.29 2018고단3154
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 15, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) operated the Bk5 car from the 1km section from the Do in front of the head of Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, to the shooting distance of the National Culture Center for Women and Culture, which is about 1km without obtaining a driver’s license under the influence of alcohol level of 0.109%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles Bk5

On November 15, 2018, 01:35, the Defendant driven the foregoing vehicle under the influence of alcohol, and led to turn to the left at an unsured speed, depending on one lane towards the distance of statistical office from the west-dong Women's Community Center in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Incheon, to turn to the left at an unsurd speed.

At this point, traffic signals and traffic islands are installed, so a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by emphasizing the front line and accurately operating the steering gear and brakes.

Nevertheless, by negligence of neglecting the influence of alcohol, the defendant got a safety pen installed in India beyond the traffic island installed on the right side of the defendant's proceeding direction, and the victim C (33 years old) who was walking in India was shocked and transferred to the left side.

Ultimately, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. C’s statement;

1. A report on traffic accidents and a report on actual condition;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses and subscription certificates;

1. A medical certificate;

1. An accident site;

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