도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On March 26, 2010, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on November 11, 2015, a summary order of KRW 4 million was issued in the same court as the same crime.
[Criminal facts]
1. Notwithstanding the violation of Article 44(1)(d) of the Road Traffic Act on at least two occasions, Defendant 1 driven a B-pact motor vehicle under the influence of alcohol leveling 0.137% from a 500-meter radius from the road near the Southern-dong Youth Training Center in Incheon, Nam-gu to the road in front of 618-11, around February 16, 2017, even though the above violation was committed on at least two occasions.
2. The defendant is a person who is engaged in the driving of Category B motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On February 16, 2017, the Defendant driven a vehicle while under the influence of alcohol, as stated in paragraph 1, and moved bypass the road of the third-lane of the 618-11, Nam-dong, Incheon, Nam-dong, Nam-gu, Incheon, along with three-lanes of the long-distance distance from the view of juvenile training center.
Since there is an intersection, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the steering room, the left and the right of the motor vehicle, and the brake system.
Nevertheless, the Defendant, under the influence of alcohol, brought the back part of the Defendant’s vehicle D, which was parked on the right side due to the negligence of bypassing it as is, was shocked in front of the Defendant’s vehicle.
In the end, the Defendant, while driving a vehicle in a state where normal driving is difficult due to influence of drinking, such as the Defendant was unable to make a speech while under the influence of alcohol, and suffered bodily injury, such as climatic salt, which requires approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1.Each photograph, a survey report on actual condition;