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(영문) 인천지방법원 2020.10.14 2020고단6368
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On June 23, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and a summary order of two million won for the same crime at the same court on December 31, 2013. On November 3, 2016, the Defendant was sentenced to a suspended sentence of one year for six months for the same crime.

【Criminal Facts】

1. The Defendant is a person engaging in driving service of a vehicle with a hurburg from a vehicle B.

On June 25, 2020, the Defendant driven the above Aud-purged vehicle with a blood alcohol concentration of 0.076% around 20:30 on June 25, 2020, and led the Incheon Southern-gu Seoul Southern-gu D apartment zone to make a bypass from the direction of the above two-lanes of the above road to the from the direction of the Incheon Southern-gu C apartment.

At the time and where the traffic of vehicles is frequent, in such cases, a person engaged in driving a motor vehicle has a duty of care to stop accidents by viewing the front side and the left side and the right side of the motor vehicle, and by checking the traffic situation well.

Nevertheless, the Defendant neglected to do so and caused the above negligence by the negligence of bypassing the vehicle under the influence of alcohol, and brought the pent part of the Fenz vehicle driven by the victim E (Nam, 25 years old) to the right side from the left side of the running direction of the said vehicle, and brought the pent part back to the left side of the vehicle under the influence of the said west.

Ultimately, the Defendant, by occupational negligence, sustained injuries to salt and tensions by the cather for about two weeks of medical treatment, and at the same time, destroyed the above batts’ car by repair costs, but did not immediately stop and take necessary measures, and left the scene without any necessary measures.

2. On June 25, 2020, the Defendant is under the influence of alcohol with a blood alcohol content of about 0.076% at a section of about 3km from the Nam-gu Incheon Metropolitan City apartment to the first restaurant located in the Nam-gu H of the Namdong-gu Incheon Metropolitan City around 20:30.

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