beta
(영문) 인천지방법원부천지원 2020.09.09 2020고단1204

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[criminal power] On December 7, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Busan District Court's Vice-Support on December 7, 2015.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) the Defendant is a person engaging in driving service.

On February 29, 2020: (a) around 00:16, the Defendant driven the above vehicle under the influence of alcohol content of 0.110% on the front of Seocheon-si, Seocheon-si; and (b) was driving the above vehicle at a speed of about 40km in length in the direction of prudent, from among the four-lane roads in the direction of D in the direction of prudent.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes, and to prevent accidents.

Nevertheless, by negligence, the Defendant neglected to do so, did not find out that the fenz car of the victim E (the 41-year-old driver) driver’s fenz in front of the Defendant’s vehicle is waiting for signal, and proceeded without finding out that the fenz car in front of the Defendant’s vehicle, and received the part behind the damaged vehicle as the front

Ultimately, the Defendant, by negligence, driven a motor vehicle while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, suffered salt ties, such as a trend, climatics, etc. that require approximately two-day medical treatment, respectively, to the said victim E, the victim G (the age of 45), and the same victim H (the age of 45), and suffered from the same victim I (the age of 46) for about three weeks.

2. Around 00:16 February 29, 2020, the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.110% from the 500-meter section from the J in the front of Seocheon-si to the front of the same city C in the same city.

Accordingly, the defendant is not less than twice the prohibition of drinking driving.