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(영문) 의정부지방법원 2016.10.14 2016고단3133
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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. Around 04:20 on July 9, 2016, the Defendant: (a) driven a B motorcycle while under the influence of alcohol content of about 0.105% in the 4km section from the front of a cafeteria for the mar Saeman Saeng, which is located in the Yang-si Tri sublim, to the front and rear-gu road located in 126 in the same city.

2. The defendant is a person engaged in driving a B motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On July 9, 2016, the Defendant driven the above motorcycle while under the influence of alcohol, such as Paragraph 1, around 04:20 on July 9, 2016, and proceeded ahead of the latter part of the Taegi Middle School, which is 126 at the right angle of both weeks, from the direction of the sub-defluence.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as taking into account the progress of other motor vehicles driving in the front direction well, accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and received the rear part of the bicycle driven by the victim C (the 17-year-old) who had driven a bicycle in the front section of the motor bicycle when he driven a bicycle due to the influence of drinking, by negligence while driving a bicycle in the front section of the motor bicycle.

Ultimately, the Defendant suffered injury to the victim, such as the escape certificate of an essential signboard, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents and reports on the results of regulating drinking driving;

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

1. Relevant Article of the Act on the Crime, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the choice of punishment for the crime, and specific crimes.

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