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(영문) 인천지방법원 2020.12.22 2020고단9350

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 28, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Incheon District Court on December 4, 2012, a fine of KRW 5 million for the same crime at the same court on December 4, 2012, a fine of KRW 6 million at the same court on January 23, 2017, and a fine of KRW 6 million for the same crime at the same court on November 29, 2018 at the Seoul Southern District Court on December 7, 2018, and the judgment became final and conclusive on December 7, 2018.

【Criminal Facts】

1. On September 25, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with blood alcohol concentration of 0.183% on the Seo-gu Incheon Seo-gu in the influence of alcohol at around 02:08, and proceeded in the direction of effective operation from the family basin to the family basin.

At the time, the EM3 car driven by the Defendant was stopped on the front line of the vehicle driven by the Victim D (AW, 61 years old), and thus, the Defendant had a duty of care to properly manipulate the front line and prevent the accident by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant was negligent in failing to properly operate the steering direction and operation system under the influence of alcohol while neglecting this, and received the part of the lower part of the said IM3 car driven by the victim with the front part of the said A-W3 car driven by the Defendant.

As a result, the Defendant suffered from the injury of salt, tensions, etc. to the victim F, who boarded on the top of the operation of the said EM3 vehicle, for about two weeks in a situation where normal driving is difficult due to influence of drinking, and the Defendant sustained from the victim F, who boarded on the top of the operation of the said EM3 vehicle, about two weeks in need of medical treatment.

2. The defendant of violation of the Road Traffic Act and the Road Traffic Act (driving without a license) shall temporarily go through paragraph (1) on the roads from the front of the Incheon Seo-gu Incheon Seo-gu Office located in the Seo-gu Jeju Jeju Jeju Jeju Jeju Island to B.