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(영문) 인천지방법원부천지원 2020.10.22 2020고단995

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant received a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million for the same crime in the same court on March 14, 2014.

1. On February 21, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving B Poter cargo vehicles with blood alcohol concentration of 0.181% at the influence of 0.50% on February 21, 2020, leading the front road in Seocheon-si C to Seoul at the direction of the river station, leading to the front road in Seocheon-si C, leading directly to Seoul from the direction of the river station.

At the time, the number of vehicles was high, and there was a intersection in which traffic is controlled by signal apparatus at the front of the road, so in such a case, there was a duty of care to prevent accidents by putting the front door and accurately manipulating the brake system in the front of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was driven by the victim E (the aged 37) who was under the influence of signal at the front of the train while driving while neglecting the above duty of care, and was in the front of the said cargo vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as a hot spring, which does not have any wife in two open for about three weeks of treatment.

2. Around 20:50 on the same day as above, the Defendant driving a B-be truck under the influence of alcohol level of about 0.1k alcohol level of about 1.1k in the section of approximately 1.1km from the Do adjacent to the railway station located in Seocheon-si, 363, to the front roads located in C of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The investigation report (the circumstantial report to the employer) 1.