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(영문) 인천지방법원 2021.03.18 2021고단249
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On July 22, 2015, the Defendant was issued a summary order of KRW 3.5 million by the Seoul Central District Court for a violation of Road Traffic Act (driving).

[Criminal facts]

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and engages in driving of a vehicle B.

On November 22, 2020, the Defendant driven the said car under the influence of alcohol level of 0.123% during blood transfusion at around 17:33 on November 22, 2020, and led the roads front of the Yeonsu-gu Incheon apartment C, Yeonsu-gu, Incheon, to the E apartment bank from the D high school to the E apartment bank.

At all times, housing, commercial buildings, etc. are located around the road and many vehicles have stopped or parked in the vicinity of the road. In such a case, the driver of the vehicle has a duty of care to look at the right before and after the road and to prevent the accident in advance by accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected the duty to stop in the front while driving normally under the influence of drinking, such as a 0.123% alcohol concentration in blood, walking, snowing, etc., while neglecting his/her duty to stop in the front place and making it difficult for him/her to drive normally due to the influence of drinking, etc., and did not accurately operate the steering gear and brakes, and was temporarily stopped in the front place.

F Driving's G K7 Driving's left-hand part of the G K7 car, which was set up in front of the right-hand part of the car.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, was injured by the victim H (the age of 41) who is the passenger of the victimized vehicle by driving the motor vehicle, due to the injury of the victim, by suffering from the injury, such as the aftermath of the damage that is unknown on the part of the body and the body.

2. The Defendant violated the Road Traffic Act (drinking driving) is adjacent to the JJ located in Yeonsu-gu Incheon Metropolitan City I in the day set forth in paragraph 1.

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