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(영문) 인천지방법원 부천지원 2018.08.17 2017고단2462
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On September 18, 2017, the Defendant was driving a vehicle from the alcohol house before Kimpo-si, where the trade name in North Korea change at Kimpo-si is unknown, on September 18, 2017, the Defendant was under the influence of alcohol level of about 0.148% during blood alcohol level at the direction of about 5km to the lower-speed road in front of the lower-speed distance located in Kimpo-si, Eup, Myeonpo-si, Kimpo-si.

2. On September 18, 2017, the Defendant driven a motor vehicle in the same manner as the above paragraph (1) at a speed of about 50km at the speed of 50km, depending on the two-lanes of the three-lanes of the entrance of the river in the Hapo-si, Kimpo-si around 01:21, the two-lanes of the two-lanes of the Hapo-si, Kimpo-si, Kimpo-si.

At the time, it was difficult to keep the surrounding area around the night, and there was a vehicle waiting for signal at the front, so there was a duty of care to prevent the accident in advance by accurately manipulating the steering direction, brakes, etc. while under the influence of alcohol for those engaged in driving business.

Nevertheless, the Defendant neglected this and neglected his duty of care at the front time under the influence of alcohol level of 0.148% in blood, and neglected to drive normally under the influence of normal driving, and caused the Defendant’s failure to stop on the part of the victim C(50 years old) driving, which stopped for the signal waiting at the front time of the running direction, to the lower part of the left part of the C&C driving of C(50 years old) in front of the vehicle operated by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from brain-dead treatment for about three weeks to the above victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Statement report on the situation of a driver who is in charge of driving and the ledger on the use of drinking instruments;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and on-site photographs;

1. A medical certificate;

1. Application of the Act and subordinate statutes to a report of investigation (to hear statements from a victim’s telephone).

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