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(영문) 인천지방법원 2018.01.11 2017고단7617
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment for 6 months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a D Tylle car.

On August 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.136% among blood transfusions on August 24, 2017, and proceeded at a speed of about 30km per hour at the speed of 130km in front of the Incheon Gyeyang-gu, Incheon Gyeyang-gu, the road of 1304 in front of the 1304 Incheon Gyeyang-gu, as the funeral.

At night, in such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left and the right of the person engaged in driving of a motor vehicle, and by accurately manipulating the steering direction and the brake system.

Nevertheless, Defendant E (the 71-year age) was a victim E (the 71-year age) who was unclaimed on the left side from the right side of the marina course due to occupational negligence, when he was negligent in failing to perform the duty at the time of the preceding week while driving the said car which was difficult to drive under the influence of alcohol as above.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, and caused less than two injury to the victim, which requires approximately 12 weeks medical treatment.

2. On August 24, 2017, Defendant B knew that A was under the influence of alcohol in “G” located in “G” located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and aided and abetted A to drive a motor vehicle under the influence of alcohol, such as driving a motor vehicle under the influence of alcohol, as described in paragraph (1) by a NANA as the key to D Yari-ri vehicle owned by the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A survey report on the actual condition of a driver, a statement on the circumstances of a driver placed in the State, and a statement on the circumstances of a passenger placed in the State;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a report on internal investigation;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 148-2(2)2 and 44 of the Road Traffic Act.

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