beta
(영문) 인천지방법원 부천지원 2018.11.29 2018고단2530

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

On July 19, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court's Busan District Court's Branch, and on June 26, 2008, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (dacting driving) and a crime of violating the Road Traffic Act (dacting driving) at the same court on June 26, 2008. On September 9, 2015, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court's Incheon District Court's Branch on March 26, 2

1. On June 27, 2018, the Defendant: (a) while under the influence of alcohol with 0.281% of alcohol in blood without a vehicle driver’s license on June 27, 2018, the Defendant driven CK7 car in the section of approximately two kilometers from 2 kilometers to 26 kilometers from the influent restaurant near the Kimpo-si Jeju Jeju Jeju Jeju Jeju High-do Gungpo-si, to the front of the new distance in the front of the new road in the same city name.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol more than twice.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said car at the intersection with the front signal, etc. in front of the new distance, at the time of Kimpo-si, Kimpo-si at the time as indicated in the above paragraph (1), and driving the said car at the right angle from the Incheon bank to the fourth-lane.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely operating the steering gear and brake system in accordance with the signals of signal, etc. while driving the motor vehicle.

Nevertheless, the Defendant did not discover the Estren motor vehicle under the influence of alcohol level 0.281% in blood so that the Defendant was negligent in neglecting this while waiting in front of the crosswalk in the direction of the operation, and attempted to start in line with the new direction (n. 39 years old).