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(영문) 인천지방법원 2020.10.21 2020고단6281
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 who is engaged in driving a KS3 car.

1. On November 18, 2019, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court as a crime of violating the Road Traffic Act.

On June 14, 2020, at around 6:50, the Defendant driven a car under the influence of alcohol with approximately 2km alcohol concentration of about 0.104% from the 2km section to the front road of the oil station located in the same Gu C from Bupyeong-gu Incheon Bupyeong-gu, Incheon.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under influence of alcohol, which is 0.104% of blood alcohol level at the time and place of paragraph 1.1. The Defendant changed from the side of Bupyeong-gu to the one-lane from the side of Bupyeong-gu to the 60km speed.

When changing the course, the defendant had a duty of care to prevent accidents in advance without impeding the progress of other vehicles, such as taking the front side and left side well, operating the steering gear and brake system, etc.

Nevertheless, the Defendant neglected this and was negligent in driving while driving in the front direction by the victim D(the age of 64) who is driving in the front direction of the proceeding, and received the part of the pan-cab behind the Defendant’s car.

As a result, the Defendant suffered injury to the victim by negligence in the course of such occupational negligence, such as clocks, tensions, and so on. At the same time, the Defendant suffered injury to the victim F (21 years of age), who is the passenger of the damaged vehicle, such as clocks, tensions, and so on for about two weeks of treatment.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. The actual survey report on traffic accidents;

1. Each written diagnosis of the circumstantial statement of a host driver;

1. Previous records of judgment: Criminal history records, etc., inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes of one copy of a summary order;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and special cases concerning the settlement of traffic accidents.

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