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(영문) 인천지방법원 2020.04.29 2020고단160
도로교통법위반(음주운전)등
Text

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

On July 16, 2012, the defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a violation of the Road Traffic Act.

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On December 6, 2019, the Defendant driven the above cargo while under the influence of alcohol of 0.09% in blood alcohol concentration of 0.09%, and changed the lane from three lanes to two lanes while driving at an intersection located in 485-15, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, along the other five-lanes, toward the intersection from the border of the border to the intersection at an irregular speed.

However, since the passage of vehicles is frequent as an intersection with a signal apparatus installed in a nearby road, it is necessary to safely drive the vehicle along the lane. If it is intended to change the lane, there was a duty of care to ensure an adequate distance to prevent accidents with other vehicles, to operate the direction, etc. in advance, and to change the lane safely.

Nevertheless, the Defendant did not find out that the victim C(the age of 46) driver's car driven ahead of the driving direction is standing ahead of the intersection in accordance with the signal apparatus's signals, and did not drive the vehicle rapidly from three lanes to two lanes, while changing the lane, the Defendant was driving the vehicle behind the driver's speed in front of the cargo vehicle with the left part of the vehicle.

As a result, the Defendant suffered from the victim C with approximately two weeks’ salt and tension in light of the foregoing occupational negligence, and at the same time suffered from the victim E (the 52-year-old passenger) who is a passenger of the spati-type car with approximately two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Each police statement concerning C, and a written E;

1.Each.

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