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(영문) 대전지방법원 천안지원 2019.10.10 2019고단1598
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and four months and a fine of one hundred thousand won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

[criminal power] On May 28, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site, etc., and was sentenced to imprisonment with prison labor for a period of eight months on July 20, 2018, and was sentenced to two years on July 28, 2018, and the probation period becomes final and conclusive on July 28, 2018.

【Criminal Facts】

1. On April 19, 2019, the Defendant was under the influence of alcohol with a blood alcohol level of 0.170% at around 19:50 on April 19, 201, the Defendant driving C-Sa car at approximately approximately 27 km from the front of a cafeteria in the trade unclaimed road located in the Seo-gu, Seo-gu, Seo-gu, Incheon.

Accordingly, the defendant, who violated the regulations on prohibition of drunk driving without obtaining a driver's license at least two times, was driving C's car under the influence of alcohol again.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person who is engaged in driving of C Saturdays car.

On April 19, 2019, the Defendant, without obtaining a driver's license at around 19:50 on April 19, 2019, driven the said earth and car while under the influence of 0.170% of alcohol concentration, and proceeded with the road B in front of the Seoan-gu, Seoan-gu, Seoan-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and to prevent accidents in advance by accurately indicating the traffic situation and safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and received a part on the left-hand side of the front driver's vehicle that was parked on the road due to the negligence that the front driver's vehicle was under the influence of alcohol without properly doing so.

Accordingly, the Defendant committed the above occupational negligence.

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