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(영문) 수원지방법원 여주지원 2017.02.03 2016고단1382
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2016, the Defendant was under the influence of alcohol at around 08:00, the Defendant driven a BFD car at approximately 30km from the 15-lane to the 30-lane to the direction of the intersection in the vicinity of the Yong-dong Highway, at the time from the 15-lane to the 317-lane to the 15-lane to the 30-lane to the south Eup/Myeon road at the time of inher own city, with the desire of 0.153% alcohol during blood.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) changed the course from the two lanes to the one lane while driving on the road in the direction of the Young-dong Highway located in the south Eup/Myeon at the time of the above day.

At the same time, it was an expressway with frequent traffic of a vehicle. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by viewing the front side and the left and right of the motor vehicle while driving the other motor vehicle in a safe manner.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol, and the Defendant’s negligence was shocked to the front part of the driver’s seat in front of the Defendant’s vehicle driving of the victim C(49) driving that was under normal operation at the first lane at the time.

Ultimately, according to the examination report on the 30 pages of the investigation records in E, the passenger of the damaged vehicle due to the above occupational negligence, the “C” written indictment appears to be a clerical error.

Along to about 10 days of medical treatment, the 10 days of medical treatment was required, and the F (50 years of age) suffered from the same passenger of the damaged vehicle, respectively, the injury of the finite base in need of medical treatment for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. An accident vehicle photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (proviso of paragraph (2) 8) and the Criminal Act.

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