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(영문) 인천지방법원 2021.02.17 2020고단10815
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

On November 15, 2018, the defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court on November 15, 2018.

[Criminal facts] On September 1, 2020, the Defendant driven a Rash under the influence of alcohol with approximately 0.103% alcohol level 0.103% from the 7km section from the French-gu Incheon Jung-gu town to the roads of “C cafeteria” located in the same Gu’s Gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

The Defendant is a person who is engaged in driving of Rad Rad Rad 1101.

On September 1, 2020, the Defendant, while under the influence of alcohol level of 0.103% among the blood transfusions, driven the said car, and driven the road in front of the “C cafeteria” located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and driven the road at an irregular speed depending on the south intersection along the E burial, along with one lane.

At the time, the Defendant, prior to the same direction, was followed by a victim F (the South, the age of 27), driving G G G Y, and thus, in such a case, the Defendant had a duty of care to safely drive the vehicle to prevent the accident by ensuring the safety distance to avoid the collision when the vehicle stops, and to ensure the safety distance to avoid the collision when the vehicle stops, and to accurately operate the steering and operating the steering system, and to prevent the accident.

Nevertheless, the Defendant was negligent in neglecting the duty of a prior-time driver in a state where normal driving is difficult due to the influence of drinking such as red and other drinking while under the influence of alcohol while under the influence of alcohol during blood alcohol, and without securing a safe distance, and received the part behind the driving of the victim Furgian car, which temporarily stops in the front bank, as part of the front-time driver’s vehicle.

Ultimately, the Defendant is unable to drive normally due to the influence of drinking.

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