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(영문) 인천지방법원 2020.09.09 2020고단5920

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B car;

On May 25, 2020, at around 03:58, the Defendant driven the above vehicle while under the influence of alcohol of 0.114%, and led to a two-lane road of 93km away from the direction of normal intersection of the Seoul Southern-dong, Nam-gu, Incheon, to the speed of 100km along the direction of normal intersection.

At the time, vehicles are at night and at a rapid speed as an expressway, and in such a case, there was a duty of care to operate safely the steering gear and brake system accurately and thoroughly.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, thereby taking the back part of the left side of the D dump truck driven driven by the victim C (Nam, 38 years old) of the said three-lanes of the said road into front part of the right side of the Defendant’s vehicle, and due to the shock, the left side part of the Defendant’s vehicle, while sump truck was shaking on the left side of the vehicle, became the left side part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. On May 25, 2020, the Defendant violated the Road Traffic Act ( sound driving) around 03:58, the Defendant around 10km from the front of the film and emitting distance in the Cheongcheon-dong, Incheon Seocheon-gu to the point 93km from the front of the film and emitting distance in the Cheongcheon-gu, Incheon, Seocheon-gu to the front intersection of the Seoul Southern-dong, Namdong-gu.