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(영문) 인천지방법원 2020.05.21 2020고단1981

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

[Attachment] On October 29, 2019, the Defendant issued a summary order of KRW 8 million at the Incheon District Court on March 12, 2020 as a violation of Article 44(1) of the Road Traffic Act to operate a vehicle with a blood alcohol content of KRW 0.164% while under the influence of alcohol on October 29, 2019.

【Criminal Facts】

The defendant is a person who is engaged in driving a BP car.

On November 14, 2019, the Defendant driven the said car while under the influence of alcohol with 0.066% of blood alcohol concentration at around 22:33, the Defendant driven the said car at an influent speed depending on two lanes of the four-lane two-lanes in front of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

However, at the time, the defendant was followed by the Fststasi of the victim E(62 years old) driving, and there was a duty of care to maintain the appropriate distance and to safely operate the front.

Nevertheless, the Defendant, while driving a vehicle without such duty of care, was stopped by the victim's rocketing taxi in accordance with the stop signal, and the Defendant was also stopped by the Defendant, but the stop signal was not changed to the stop signal, but was stopped by the stop signal, then the Defendant was placed at the front of the offline of the said rocketing taxi which stopped while driving the vehicle while driving the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written report from an employee of an employer;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles of the Act and Articles 148-2 (1) and 44 of the Road Traffic Act concerning criminal facts and the choice of punishment;