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(영문) 인천지방법원 2018.07.04 2018고단3092
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] The defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court on April 17, 2007, and on October 26, 2007, the defendant was sentenced to a fine of KRW 6 million by the same court on October 26, 2007, and was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] The Defendant is a person who is engaged in driving of a HJ high-class truck.

On February 25, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.185% in blood without obtaining a driver's license of a motor vehicle on February 25, 2018, and led to the direction of a new training distance from the direction of a new training distance, which caused two-lanes in front of the new training distance in Yeonsu-gu Incheon, Yeonsu-gu.

At the same time, the victim I(45) driver's J 5 K5 driver's vehicle temporarily stops in the signal atmosphere, so in such a case, the driver's vehicle should not drive the vehicle under the influence of alcohol in any case, and there was a duty of care to ensure the safety distance and ensure the operation of the vehicle.

Nevertheless, the Defendant neglected to do so and got the back part of the above K5 vehicle, which was in the signal waiting at the front side of the same lane as at time, to be the front part of the said cargo vehicle. The Defendant got the victim K (61) driver, who was waiting for the above K5 passenger vehicle in the future while pushing ahead of it, to get the back part of the said vehicle.

Ultimately, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, was the victim who was driving the said car and was driving the said car for about three weeks to the victim I, and was driving the car in the said car for about two weeks to the victim K in need of treatment, such as salt, tension, etc.

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