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(영문) 인천지방법원 2020.06.08 2019고단9113

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B-to-pur vehicle.

1. On August 17, 201, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for the crime of violating the Road Traffic Act.

On August 2, 2019, at around 21:15, the Defendant driven the said car under the influence of alcohol, which is about 0.130% of blood alcohol concentration in the 13km section from the Do in front of the Bupyeong-gu Incheon Metropolitan City to the roads adjacent to the Michuhol-gu Incheon Metropolitan City Do C.

2. No driver of any motor vehicle, etc. that violates the Road Traffic Act shall threaten or endanger any other person, or cause any danger to traffic by maintaining a safe distance or violating methods of overtaking, etc. consecutively or repeatedly;

On August 2, 2019, at around 21:15, the Defendant driven a motor vehicle from the Do in front of the Bupyeong-gu Incheon Metropolitan Gyeyang-gu Operational Do to the roads adjacent to the Incheon Metropolitan City Bridge Do, or by passing through the right side and overtaking the motor vehicle in front of it, thereby threatening or endangering another person or causing danger to traffic.

3. Around August 21, 2019, the Defendant violated the Road Traffic Act (Measures Taken after Accidents) driving the said vehicle at the three-lane of the said three-lane of the said three-lane of the said three-lane of the said three-lane of the land as the drawing and the IC is located near the said drawing ICT.

At the time, since the vehicle is at night and is running at the front door, the defendant has a duty of care to safely drive the vehicle in a safe way by securing a safety distance depending on the lane, and when he overtakes by changing the lane, he was well aware of the vehicle driving on the left side and accurately operating the steering gear and the operation of the steering gear.

Nevertheless, the Defendant neglected this and did not secure a safe distance while driving along the right side of the vehicle in front, thereby changing the lane and overtaking it.

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