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(영문) 인천지방법원 부천지원 2021.02.05 2020고단3889
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On April 12, 2012, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court’s Vice-Support on April 12, 2012

[Criminal facts]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant driving of a B-Adidi vehicle on July 24, 2020) led the Defendant to drive the B-Adidi vehicle on a two-lane road in front of the hotel C in Bupyeongcheon City along the two-lane road.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and operating the steering system and by properly examining the boom and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected such duty of care, while driving on the three-lane due to the influence of alcohol, such as the rhythm and the galm, the malmb, etc. with the alcohol level of 0.241%, which is difficult to drive under normal conditions due to the influence of alcohol, followed by the Defendant’s negligence on the left-hand door of the victim D (Seoul, 69 years old) driving on the three-lane-5 taxi driving on the same line. The Defendant got the victim F (the 5 years old) driving on the front-hand side of the Defendant’s car in front of the Defendant’s car, and the said K5 taxi was able to have the victim F (the 57 years old) driving on the front-hand line.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as climatic salt, which requires approximately two weeks of medical treatment, and the victim F, such as climatic salt and tension for about two weeks of medical treatment.

2. In violation of the Road Traffic Act, Defendant 1 driven a vehicle B, while under the influence of alcohol 0.241% in a section of about 100 meters from the 1.1. to the 1.1. 1. 1. 1. 1. 1. 1. 1. 1. 2.

Accordingly, the defendant is obliged to prohibit driving under the influence of alcohol twice.

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