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(영문) 인천지방법원 부천지원 2018.11.22 2018고단2383
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2018, the Defendant, at around 17:50, driven a vehicle of 17:267% alcohol concentration in blood at approximately 70 meters from the underground parking lot of 78, a 17:23-ro, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

2. The Defendant is a person who is engaged in driving a motor vehicle with soflurd E, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 1, 2018, the Defendant: (a) went behind at the 845 Han River at the time Kimpo-si, Kimpo-si, Kimpo-si, 845 Han River; (b) at the time the Victim F (39 years old) was stopping for parking, the Defendant had a duty of care to ensure that a person engaged in driving service is well aware of the rear side and do not conflict with the said victim’s car.

Nevertheless, the defendant did not discover the driver's driver's vehicle due to negligence in the course of duty while driving a vehicle under the influence of normal driving due to the foregoing, and thus, he received the part of the victim's driver's vehicle behind the driver's vehicle.

After all, the Defendant suffered from the injury of the victim F and Dong passenger H (44) by negligence in the course of performing the above duties, respectively, for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the actual condition of a driver, a report on the circumstances of the driver in charge, an investigation report (report on the situation of the driver in charge of driving), notification on the results of regulating the driving of drinking, a report on the occurrence of a traffic accident, an on-site photograph of the accident, or

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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