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(영문) 인천지방법원 부천지원 2018.12.07 2018고단2601

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 29, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.146% during blood transfusions on August 29, 2018, while normal driving is difficult, and driven the said car along the three-lane road at the entrance of Kimpo-si, Kimpo-si, along the two-lanes along the windless distance from the port far away from the port far.

At night, there was a crosswalk where signals, etc. are installed at the front door, and thus, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance by checking whether there is a person who gets on a road by complying with the traffic signal, reducing or stopping speed in line with good faith, and checking the front door well.

Nevertheless, even though the Defendant neglected to stop and had a considerable time to change to a stop signal while under the influence of alcohol, the Defendant was negligent in standing without stopping, and received the victim D, which was crossinged to the right side from the left side of the moving direction of the Defendant in accordance with the pedestrian signals, at the crosswalk.

As above, the Defendant suffered injury to the victim by negligence in the course of performing duties, which is difficult to drive normally due to influence of alcohol, such as the closure frame of the right string down string string, and the blood transfusion, etc., which require approximately seven weeks of medical treatment.

2. On June 17, 2008, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act (drinking driving) at a height support by the Jung-gu District Court of the Incheon District Court on August 5, 2009, a summary order of two million won of a fine for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on August 5, 2009, and on August 14, 2013, a summary order of eight million won of a fine for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court’s Branch Branch of the Incheon District Court on August 14, 2013, respectively.

Defendant, on 2018.