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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단2167
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

The Defendant is a person engaging in driving a rocketing car.

1. Around 23:00 on July 19, 2016, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.122% from the section of about 1km from the distance of the gold village, which is located in the gold village in the gold village, to the front road of the gold school located in the same Dong from the gold village to the gold village in the same Dong.

2. On July 19, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car and driving it on July 23, 2016, and driving a two-lane road in front of the Geum Village Elementary School located in the Geum Village in the Geum Village in the gold Village in the Sinju-si, a new one-lane at a speed of about 40km from the gold village boundary to the front side.

At night and at all times, the E-car driven by the victim D(the age of 31) was in the atmosphere of the signal, so there was a duty of care to reduce the speed to the person engaged in driving service and to accurately manipulate the steering gear and the brake system to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so while under the influence of alcohol, and neglected to operate the operation system accurately, and received the part of the victim’s back-of-car part of the passenger vehicle with the highest influence of the victim due to occupational negligence.

Ultimately, the Defendant suffered from the injury of the victim and the victim F (the age of 31) who was boarding the said victim's vehicle with the above low-priced passenger vehicle due to occupational negligence, such as salt, tension, etc. of the front class of the light that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. The actual condition survey report;

1. Notification of the result of the drinking driving control;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act concerning criminal facts;

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