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(영문) 인천지방법원 부천지원 2014.06.26 2014고단1113

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

On March 26, 2007, the Defendant was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Busan District Court’s Vice Branch on March 26, 2007, and was punished by a fine of KRW 2.5 million for the same crime in the same court on November 14, 2008, and on November 30, 2009 by a same court on November 30, 2009.

1. The Defendant is a person engaging in driving of B-learning vehicles.

On April 9, 2014, at around 22:30, the Defendant driven the above vehicle under the influence of alcohol content of 0.140% on the road in front of the Mapo-dong, Kimpo-dong, Kimpo-si, and driven the vehicle in the direction of the public playground distance at the Mapo-dong center.

At that time, since the center of steel is installed in the center of the road, a person engaged in driving service has a duty of care to avoid accidents by properly manipulating the steering and steering devices.

Nevertheless, the Defendant neglected this and driven a cell phone call while under the influence of alcohol, and caused the negligence of driving the vehicle to shock the center separation zone installed on the left side of the Defendant’s running direction by the front driver of the vehicle, and due to the shock of the vehicle, the vehicle turned back to two-lanes of the victim C(68 years old) driving on the same direction, and shocked the front side of the drive of the victim C(68 years old) driving on the two-lane in the same direction.

Ultimately, even though the Defendant damaged the above victim’s vehicle by occupational negligence as above, the Defendant immediately stopped the above victim’s vehicle and escaped without taking necessary measures, even though it was destroyed to have an amount equivalent to KRW 1,234,605.

2. On April 9, 2014, the Defendant, while under the influence of alcohol on April 22, 2012, the blood alcohol concentration of 0.140%, driven B-learning vehicles within the 1km section from an influence station in the north of Kimpo-si to the road in front of the original fluence-dong.

Summary of Evidence

1. The defendant's legal statement 1.

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