beta
(영문) 인천지방법원 2020.10.07 2020고단5351

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 8, 2016, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court due to a violation of the Road Traffic Act (driving). On November 2, 2018, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On May 10, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “C”), while under the influence of alcohol 0.227% of the blood alcohol concentration in Gyeyang-gu, Incheon, the Defendant was driving a Drocketing motor vehicle in the direction of operations, driving the 6-lane of “C” in the direction of operations, thereby driving the 0.27% of the blood alcohol concentration, and driving the 3-lane of the 6-lane distance in the direction of operations.

At the time, there was another vehicle driving in the same direction on the front side of a vehicle operated by the Defendant, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as taking the front side and left side well, and accurately operating the steering wheel and brakes.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation system under the influence of alcohol, the Defendant took the back part of the part of the victim E(63 years old) driving that temporarily stopped at the front of the signal at the front, into the front part of the rocketing passenger vehicle operated by the Defendant, and due to the shock of the said Frocketing passenger vehicle in the future, the said part was carried out by the victim G(65 years old) and the left part of the Hrocketing passenger vehicle driven by the victim G(76 years old) with the rear part of the Hrocketing passenger vehicle and the lower part of the passenger vehicle driven by the victim I(76 years old).

Ultimately, the Defendant, while driving the said D Launa car under the influence of alcohol that is difficult to drive normally, is the victim E, who is a driver of the said D Launa car, and the k (the 59-year old-age-old) who is the passenger of the said D Launa car, need to receive approximately 2 weeks of medical treatment.