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(영문) 인천지방법원 2014.03.17 2013고단8248
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 October 24, 2006, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the Seoul Western District Court. On March 19, 2012, the Defendant was sentenced to a fine of KRW 10,000 for the same crime, etc. at the Incheon District Court.

【Criminal Facts】

1. Around 06:00 on December 6, 2013, the Defendant driven a B rocketing car without a driver’s license from the 771-28-way route in Jung-gu, Jung-gu, Incheon, Jung-gu, Seoul, to the front line of the same Gu Round-dong, while under the influence of alcohol by 0.153% of the blood alcohol concentration.

2. On December 6, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) was under the influence of alcohol of 0.153% of blood alcohol concentration, such as the above paragraph (1), and the Defendant was under the influence of alcohol in front of the upstream of the upstream of the Yong-do Police Quarantine Headquarters in Jung-gu Incheon, Jung-gu, Incheon Metropolitan City, at the speed of 70km.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to accurately operate the steering direction and brake system and to prevent accidents by properly examining the steering direction and brakes.

Nevertheless, the Defendant neglected to drive a vehicle normally due to influence of drinking and committed it as it is, by negligence, while driving the vehicle as it is, the Defendant was sentenced to the victim C (the 42 years old) who was at night, who was a driver at night, who sent the Defendant continuing to drive a vehicle to the right side of the vehicle.

As a result, the Defendant suffered from the Defendant’s occupational negligence and injury to the Defendant’s salt and tension during a period of up to two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

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