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(영문) 인천지방법원 2016.10.20 2016고단5134
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On July 29, 2014, the Defendant was issued a summary order of KRW 6 million by a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 29, 2014, and on March 2, 2016, the Defendant was sentenced to a suspended sentence of two years by imprisonment for the same crime, etc. at the same court on March 2, 2016, and the said judgment became final

1. On July 14, 2016, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) even though he had a history of driving two or more times, the Defendant driven a vehicle with a blood alcohol concentration of 0.096% under the influence of alcohol without obtaining a driver’s license on July 14, 2016, and proceeded with a approximately 0.5km section from the road near the town station located in the Jung-gu Incheon Jungdong-gu Incheon Metropolitan City, to the road front of the 124 km hotel in Jung-gu, Incheon, Jung-gu.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving), a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) even though the Defendant had a history of driving under the influence of drinking more than twice, on July 15, 2016, while under the influence of drinking at 0.122% of blood alcohol concentration without obtaining a driver's license on July 15, 2016, the Defendant driven C that low XG car and driven a four-lane road in front of the bus stops located in Incheon Jung-gu Incheon Metropolitan City, Jung-gu at a speed that is difficult to identify one lane from the edge of Young ICT.

In such cases, the driver has a duty of care to care in advance to prevent accidents by accurately manipulating the steering gear and brakes with a prior care for those engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F (the age of 32) who was driving two lanes in the same direction as the Defendant due to negligence while driving a motor vehicle, and was driven by the victim F (the age of 32) with the left front top part of the motor vehicle driving by the Defendant.

In the end, the Defendant is driving a stroke under the influence of alcohol.

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