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(영문) 인천지방법원 2020.10.07 2020고단5286
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On March 15, 2017, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court on March 15, 2017, and on January 25, 2018, the Defendant issued a summary order of KRW 2 million for the same crime at the Incheon District Court.

Criminal facts

The defendant is a person engaged in driving a B-to-pur vehicle.

1. Around 23:16 on May 14, 2020, the Defendant driven the said car at a section of about 400 meters from the Do near the Incheon Southern-gu Do to the road located 558, Namdong-gu, Incheon, under the influence of alcohol by 0.129% in blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant, while under the influence of alcohol as above, driven the said car and proceeded to turn to the left at a speed that cannot be known in accordance with one way among the three-lanes of the Plaintiff at the boundary of the Twit-gu Incheon Metropolitan City, Nam-gu.

In such cases, there was a duty of care to safely drive a motor vehicle by checking the right and the right and the right in a normal state without drinking the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded to turn to the left while drunk, and the Defendant was driving by the injured party C ( South and 58 years old) who straighted the above road on the front side of the pertinent car in the left front of the said car driven by the Defendant, who is driving by the injured party C ( South and 58 years old) who is driving in accordance with green signals from the front side of the viewing airspace.

Ultimately, the Defendant is in a state in which normal driving is difficult due to the influence of drinking, and is in need of a two-day medical treatment to the victim C by negligence on duty as above.

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