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(영문) 인천지방법원 2013.11.13 2013고단6424
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On March 30, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on March 30, 2009, and was sentenced to a fine of KRW 2.5 million for the same crime in the same court on May 10, 2012.

【Criminal Facts】

1. Around 00:00 on September 29, 2013, the Defendant driving a B car under the influence of alcohol content 0.198 at a section of approximately 200 meters from the road of 510-13, Seo-gu, Incheon, Yannam-dong to the bank 526-3, even though there was the history of punishment as above.

2. A person who is engaged in driving of a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

At around 00:00 on September 29, 2013, the Defendant, while driving the said vehicle under the influence of 0.198% as stated in paragraph (1), was driving the said vehicle, and driving the four-lane road in front of the bank knife, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, at a speed of 526-3 lanes, and making it straight from the south knife distance, at a speed of knife.

Since the location was an intersection where signal lights are installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving a motor vehicle in accordance with the signals by accurately manipulating the front and rear sides and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the Defendant neglected to drive under the influence of alcohol and was negligent in driving under the direct influence of the stop signal, and received the left-hand part of the left-hand part of the Drocketing and other vehicles driven by the victim C(54 years old) who left-hand at the right-hand and left-hand turn from the right-hand side of the said vehicle at the right-hand side of the said vehicle, from the right-hand side of the said vehicle.

Ultimately, the Defendant was negligent in the above occupational negligence, and the above victim and the passenger.

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