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(영문) 인천지방법원 2018.06.20 2018고단2624

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On March 25, 2018, the Defendant was under the influence of the alcohol concentration of 0.148% in blood around 02:00 on March 25, 2018, and the Defendant was driving a cruise car with a three-way alcohol concentration of 0.148% on the roads 1.5 km in the direction of Seoul in Seowon-dong, Seowon-dong, Seo-gu, Incheon, Seowon-dong, and proceeded with the roads 1.5 km in the direction of Seoul at the south-dong room of the same Gu.

Since it was a road installed as a center of separation, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle without the influence of alcohol and to drive the motor vehicle safely by proceeding to the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected this, and the Defendant entered the center left side of the central separation zone where it is difficult for the Defendant to normally operate the steering gear, such as a light distance, and led to the victim D (19 years old)’s left side of the instant cruise vehicle, which was driven normally depending on the two-lanes of the Defendant’s side of the victim D (19 years old), which was driven in the top left side of the said cruise vehicle, resulting in the victim’s injury, such as an unknown sign for about three weeks of medical treatment.

2. On December 31, 2008, the Defendant is a person who has violated the provisions concerning prohibition of drinking alcohol driving on not less than two occasions, such as receiving a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on December 31, 200, a fine of one million and 1.5 million won for the same crime at the same court on January 15, 2013, respectively.

While Defendant 1 was under the influence of alcohol content of 0.148% during the day-to-day border blood like the above paragraph 1, Defendant 1 driven the pertinent cruise car in the section of approximately 3 km from Seo-gu, Seo-gu, Incheon to the 425-6 Southern-dong, Nowon-gu, Seoul to the point of 1.5 km in Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a map at the scene of a traffic accident, and a report on actual condition investigation;

1. Notification 1. Report on the circumstances of a driver in charge of driving and the results of the crackdown on drinking;