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(영문) 인천지방법원 부천지원 2018.07.18 2018고단1404
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B artxg in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On May 25, 2018, the Defendant driven the said vehicle in the state of drinking alcohol concentration of 0.148% in the blood transfusion around 22:19, and driven the said vehicle along the three-lane road in front of Kimpo-si in Kimpo-si, along the three-lane from the four-lane distance along the two-way road in front of Kimpo-si, toward Kimpo-ro.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by checking it well.

Nevertheless, the Defendant neglected this and did not avoid the rocketing taxi of the victim D (57) driving prior to the direction of the Defendant’s vehicle driving, while under the influence of alcohol, and did not take the rocketing taxi of the victim who was under the influence of alcohol, and was faced with the part of the front part of the Defendant’s driving vehicle, which was the part of the top part of the Defendant’s driving vehicle, led the victim to approximately 2 weeks of the instant taxi driver’s seat and the pent and the pent, thereby resulting in a sudden trauma, etc. requiring approximately 2 weeks treatment.

2. On May 25, 2018, the Defendant: (a) driven a vehicle of approximately 2 km from the alley-dong in Kimpo-si to the place indicated in the foregoing paragraph (1) at around 22:19 on May 25, 2018, under the influence of alcohol concentration of about 0.148% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. The application of Acts and subordinate statutes to a survey report on actual conditions of traffic accidents, reports on the occurrence of traffic accidents, notification of the results of regulating drinking driving, and a statement report on circumstances of drivers

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to provide community service or attend lectures;

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