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(영문) 인천지방법원 부천지원 2019.05.28 2019고단723
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 power] The Defendant was issued a summary order of KRW 1 million on March 10, 200 for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on March 10, 2009, and a person who has been punished twice for a drunk driving by a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Daegu District Court on March 10, 201.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles B;

On January 29, 2019, at around 23:40, the Defendant driven the said car while under the influence of alcohol of 0.104%, and led to the driving of the said car along a two-lane road in front of the D elementary school located in the Nowon-gu, Seoul Special Metropolitan City, Seocheon-gu, Gyeonggi-do along a two-lane from the center to the F market.

At the time, there was a passenger car in the front line of the Defendant at the time, and in such a case, there was a duty of care to maintain the safety distance with the front vehicle, to ensure that a person engaged in driving a motor vehicle is well able to look at the front side and the left side, and to accurately manipulate the steering and the steering system, and to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive normally due to the influence of alcohol, such as moving red on face, walking, walking, etc., and neglected to drive normally, etc., the Defendant received from the victim G (V, 44 years old) who is in the atmosphere of signal at the same lane due to occupational negligence, following the H SP car driven by the victim G (V,) who is in the atmosphere of signal at the same time.

As a result, the Defendant suffered injury to the victim, such as catitis, which requires medical treatment for about two weeks, due to the influence of drinking, by negligence on the part of the above business.

2. A defendant who violates the Road Traffic Act;

1. Around 23:40, while under the influence of alcohol with a level of 0.104% in blood alcohol content, in the city of Bupyeong-si, Seocheon-si C from the vicinity of the transmission content.

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