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(영문) 전주지방법원 2015.06.23 2015고단401
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle of CELF.

On March 1, 2015, at around 22:40, the Defendant was under the influence of alcohol with 0.221% of alcohol level, and thus it is difficult to drive the said vehicle normally, but the Defendant was driving the said vehicle along a two-lane road from the side of the swimming pool, which is located in Samcheon-gu, Busan Special Metropolitan City, the front side of the said two-lane road at the front side.

Since the signal, etc. is installed on the front side, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to safely stop the motor vehicle and prevent the accident in advance if there is a motor vehicle stopped according to the stop signal by accurately manipulating the traffic situation in the front side and accurately manipulating the steering and brake system.

Nevertheless, the Defendant neglected to do so and neglected to stop on the left side of the car in front of the driving of the Defendant, which was the victim D(55 years of age) who stopped according to the suspension signal at the front.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as Madern dynasty in which detailed treatment for about two weeks is required.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said ELF string vehicle under the influence of alcohol with a blood alcohol concentration of about 400 meters from the front of the Hepical franc road located in Samcheon-dong, Samcheon-gu, Samcheon-gu, Seoul at the time and time set forth in the preceding paragraph to the dead distance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each statement of F, D, G, and H;

1. A report on the occurrence of a traffic accident, a traffic accident report, and photographs;

1. Exemplary drivers;

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