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(영문) 인천지방법원 2018.07.25 2018고단3783

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 8, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.248% among blood alcohol level around 02:30, and proceeded at a speed of about 40km per hour at a speed of about 40km in the direction of the city, along the distance of 4:4 meters in the direction of the city, which is located at the end of the Bupyeong-gu Incheon Metropolitan City, as the end of the Bupyeong-gu, Bupyeong-gu, Incheon.

In such a case, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol while normal driving is difficult. At the same time, the driver of a motor vehicle is engaged in driving a motor vehicle at night and at the same time, the victim C (hereinafter “victim”) is driving a motor vehicle in the same direction, and thus, the driver has a duty of care to take care of his/her on the front side and to operate the brake system accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant got off the back part of the damaged vehicle (1) with the front part of the damaged vehicle (1) operated by the Defendant due to negligence not operating the brake system properly, and due to the shock of the damaged vehicle (1) in the future, the part of the damaged vehicle (hereinafter referred to as “ damaged vehicle (2)”) driven by the injured Party E (hereinafter referred to as “victim”) who was parked in the front part while driving on the front part of the damaged vehicle (hereinafter referred to as “ damaged vehicle”) was driven by the injured Party E, and due to the shock, the Defendant got up the back part of the damaged vehicle (2) driven by the injured Party while driving in the front part of the said vehicle (hereinafter referred to as “ damaged vehicle (3)”) which was driven by the injured Party while driving in the front part of the said vehicle (hereinafter referred to as “victim 4”) with the rear part of HM 3 (hereinafter referred to as “victim 1”) which was driven by the injured Party on the front part) in the front part.

Ultimately, the defendant is in a situation where normal driving is difficult due to influence of drinking.