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(영문) 인천지방법원 2018.07.04 2017고단7807
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 3, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1,00,000 at the Incheon District Court due to a violation of the Road Traffic Act (driving) at the Incheon District Court on November 3, 201, and on May 19, 2014, a summary order of KRW 3 million with the same offense, etc. at the same court.

[Criminal facts]

1. Around 01:50 on September 26, 2017, the Defendant driven a motor vehicle with alcohol content of 0.162% from the 1km section from the blood alcohol level to the “D convenience store” in front of the Southern-dong Love Hospital, Nam-gu, Incheon Metropolitan City, from the road in front of the “D convenience store” in C, while under the influence of alcohol.

2. The Defendant is a person who is engaged in driving a car in the E-Spo area in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Road Traffic Act.

On September 26, 2017, 01:50, the respondent was driving the above car, and led the D convenience store located in the Nam-gu Incheon Metropolitan City, Nam-gu along the two-lanes from the basin of the State to the ting distance.

In such cases, a driver of a motor vehicle has a duty of care to take the front side and left side and right side well and to prevent accidents in advance by accurately manipulating brakes and steering gear.

Nevertheless, the Defendant, as described in the above paragraph 1, suffered injury to the victim Franchisp patrol vehicle of the victim Franchiscing that was parked in four-lanes due to negligence while under the influence of alcohol as described in the above paragraph 1, which was in need of approximately two-day medical treatment, such as light franchiscing franchiscing, etc., and suffered injury to the victim H(32 years), who was on the patrol vehicle, for about three-day medical treatment, and at the same time, suffered injury to the victim H(32 years), such as franchiscing franchiscing, etc., and damaged the above patrol vehicle to the extent that the repair cost is 2,987,466 won, such as exchange of back franchis.

As a result, the defendant is driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people, and at the same time, property is negligent.

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