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(영문) 인천지방법원 2019.01.09 2018고단6677
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

The prosecution against insult of each of the facts charged in the instant case is dismissed.

Reasons

Punishment of the crime

[2018 Highest 6677]

1. On June 26, 2018, the Defendant did not comply with a request for a drinking test to the effect that he was found to have driven under the influence of alcohol in light of the fact that he was found to have been driven under the influence of alcohol in light of the fact that he was found to have been driven under the influence of alcohol in light of the fact that he was found to have been driven under the influence of alcohol, etc. at the Incheon Gyeyang-gu Bel, Gyeyang-gu, Incheon, and the fact that he was called “the person who was driven under the influence of alcohol” at around 09:45 on June 26, 2018, the Defendant did not comply with the request for a drinking test to the effect that “the person was driven under the influence of alcohol in the manner of inserting in the influence of alcohol in the manner of inserting in the influence of alcohol measuring instrument,” and did not comply with the demand for a drinking test by inserting the whole in the drinking measuring machine

2. Around 09:30 on June 26, 2018, the Defendant operated GMW car without a car driver’s license on the front of the F Hospital located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, at a section of about 20 meters prior to the same Gu’s Baur.

[2018 Highest 6736] The Defendant is a person engaging in driving a GMW X3 car.

On July 24, 2018, at around 06:30 on July 24, 2018, the Defendant driven the said car while under the influence of alcohol by 0.129% without a driver’s license, starting from the parking lot in the Incheon Gyeyang-gu H market and leading to the J road in front of the same Gu I.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and to properly operate the steering and brake system and to safely proceed with it.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence, who was parked on the right side of the running direction, and received Lysta car owned by the victim K.

Ultimately, the Defendant damages a passenger car owned by the said victim due to the foregoing occupational negligence in order to use approximately KRW 5,614,118 as repair cost.

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