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(영문) 인천지방법원 2020.11.11 2020고단2689

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than 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

[Criminal Power] On November 18, 2010, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in the business of driving Bran-do taxi.

1. On March 21, 2020, the Defendant driven the above taxi at a section of about 30 meters from the Nam-gu Incheon Metropolitan City to the Namdong-gu D with a blood alcohol concentration of 0.163% under the influence of alcohol around 23:17.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving the said taxi while under the influence of alcohol on a temporary basis, and was driving the private distance in Nam-gu Incheon Metropolitan City by driving the said taxi at a speed that cannot be identified depending on one-lane distance of the Arts Center from the floodside of the water cooperation shooting range.

At the time of night, in such a case, there was a duty of care to reduce speed to a person engaged in driving business and to properly operate the steering and steering system by properly operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeded in as they were, and was driven by the victim E (Nam, 44 years old) who was driven by the victim E (V) and was employed by the Defendant as the side part of the Fststunay taxi driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. The police's protocol of statement E in part of the defendant;

1. Investigation report (Report on the status of an employee);

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article of the facts constituting an offense and the solicitation of punishment;