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(영문) 인천지방법원 2014.04.17 2013고단6870
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2013 Highest 6870] Around 19:30 on August 12, 2013, the Defendant driven CM7 vehicles under the influence of alcohol with approximately 2km alcohol concentration of about 0.140% from the area of about 1457-4 to the front road of the solar oil station located in Jung-gu Incheon Metropolitan City, Jung-gu.

[2014 Highest 200] The Defendant is a person who is engaged in the duties of driving CM7 Motor Vehicles.

On August 12, 2013, the Defendant driving the above vehicle around 19:30, and driving the road of 1457-4, Jung-gu, Jung-gu, Incheon, Jung-gu, Jung-gu, Incheon, at a non-speed speed, from the distance of Geumsan to the side of the Jeonsan, the road of 1457-4.

Since the center line of yellow-ray is installed, in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the steering system accurately while driving the steering system in the center of the road.

Nevertheless, the Defendant neglected this and went through the center line while under the influence of alcohol content 0.140%, due to negligence, and by negligence, received the front part of the vehicle as the front part of the vehicle, which is driven by the victim D(37 years of age) driving in the opposite part of the vehicle.

As a result, the Defendant suffered injury, such as the Plaintiff’s occupational negligence, i.e., cutting off the upper left-hand legle, cutting off the ball and cutting down the ball at the lower end of the 12 weeks of medical treatment.

Summary of Evidence

[2013 Highest 6870]

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Report on circumstantial statements of a drinking driver and notification of the results of the drinking control;

1. Investigation report (Application of the FDmark Conversion formula) (2014Sang200);

1. Statement of the accused in the second protocol of trial;

1. Examination protocol of the accused by prosecution;

1. The police of D. D.

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