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(영문) 인천지방법원 2019.11.29 2019고단7072
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 23, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million with a charge of violating the Road Traffic Act at the Jung-gu District Court on December 23, 2008, and a summary order of KRW 7 million with a fine of KRW 4 million with a charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) at the Incheon District

【Criminal Facts】

1. Around 23:05 on August 26, 2019, the Defendant driven a Crob car under the influence of alcohol with a 0.047% alcohol concentration from the south East-dong, Incheon Metropolitan City to the roads in front of the Southern East-dong, Southern-gu, Incheon.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle C with a vehicle in C.

On August 26, 2019, at around 23:05, the Defendant driven the said car while under the influence of alcohol level of 0.047% as stated in the above Paragraph 1, and led to the driving of the said car along four-lanes from the south East-gu Incheon Metropolitan City along the south East-dong Police Station from the south East-dong Police Station to the south East-dong Police Station.

In such cases, a person who drives a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and has a duty of care to properly see the front side and the right and the right, maintain the appropriate interval with the motor vehicle ahead, and prevent the accident by safely driving.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding and received the back portion of the E-learning car driven by the victim D (the age of 37) in the front section of the said car.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as dump dump and tensions in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Criminal records as indicated in the judgment: Criminal history records, investigation reports (No. 27) and summary orders;

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