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(영문) 인천지방법원 2020.12.23 2020고단3755

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On December 1, 2015, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on January 4, 2016, respectively.

【Criminal Facts】

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

1. Around March 25, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the above cargo vehicle while under the influence of alcohol 0.043% in blood alcohol concentration on March 23, 202, and led the Defendant to enter one-way speed from the public parking lot in front of Seo-gu Incheon Metropolitan City to one-way speed.

At the time, there are nights and vehicles that pass by the parking line of a public parking lot, so in such cases, the driver of the vehicle has a duty of care to enter the road by accurately manipulating the steering direction and operation system of the vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 전후좌우 주시의무를 태만히 한 업무상 과실로 피고인 운전 화물차 좌측에서 일방통행 도로를 따라 정상적으로 진행 중인 피해자 D(남, 30세)이 운전하는 E 팰리세이드승용차의 우측 부분을 피고인 운전 화물차의 좌측 앞 범퍼 부분으로 들이받았다.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim D such as salt, tensions, etc. in need of a two-day medical treatment, and the victim F, who was on the top of the victim's driving car, was on board the victim's driving car, with approximately two-day medical treatment, respectively.

2. The Defendant violates the Road Traffic Act (driving) at the time and time set forth in paragraph 1, B 2, while under the influence of alcohol concentration of about 0.043% from a public parking lot in front of Seo-gu Incheon, Incheon to the right-way road.