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(영문) 인천지방법원 부천지원 2014.07.18 2014고단1067
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a driver of the BM5 car.

On March 18, 2014, the Defendant driven the said car under the influence of alcohol of 0.105% with a blood alcohol concentration of 0.105% on March 18, 2014, and proceeded with the three-way roads in front of the flow distance of the Kimpo-si in Yangpo-si, Yangpo-si, Kimpo-si.

At the time, since the driver was at night and crosssection, there was a duty of care to drive safely without drinking alcohol to a person engaged in driving duties.

Nevertheless, the Defendant, while under the influence of alcohol, was sent to the front section of the Dunst Pacific Cargo Vehicle driven by the victim C (SM5 years old, South) who was under the influence of parking due to negligence in neglecting the front line and not operating the steering and steering system accurately.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as dump dump, tension, etc. in need of treatment for about two weeks, and injury to the victim E (55 years old and female) who is the passenger of the damaged vehicle, such as dump dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each statement of E and F;

1. A traffic accident inspection report and photographs of the accident vehicle;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the circumstantial report of a host driver and the report on detection of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The confession of a crime provided for in Article 62 (1) of the Criminal Act and the reflectiveness thereof, and the defendant drives a suspended sentence;

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