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(영문) 인천지방법원 2019.05.01 2019고단1724
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 13, 2019, the Defendant, at around 13:30, driven a car under the influence of alcohol at approximately 1.4km section from the front of Bupyeong-gu Incheon Metropolitan City, to the front of the same Gu C, and driving the car.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a motor vehicle;

On February 13, 2019, at around 13:30, the Defendant driving the said car under the influence of alcohol concentration of 0.167% with the roads in front of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and continued to run the said car under the influence of alcohol concentration of 0.167%.

Since a large number of vehicles at the time are driving along the road, there was a duty of care to safely drive the vehicle by checking well the right and the right of the front and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in a pre-stop by negligence, led to a shock of the part of the victim E (the 31-year-old driver) driving that was standing in the front of the Defendant’s driving car by the front of the driver’s car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

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