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(영문) 인천지방법원 부천지원 2018.06.07 2018고단994
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On April 1, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on April 1, 201, and a summary order of KRW 2.5 million with the same crime at the Seoul Southern District Court on March 5, 2015.

[Criminal facts]

1. Around 00:01 on April 5, 201, the Defendant driven B U.S. car with approximately 800 meters alcohol concentration 0.162% while under the influence of alcohol from the 800-meter section to the road front of the Non-Sincheon-si Non-Sincheon-si Seoul Special Metropolitan City Scambrops, the Defendant used B U.S. car under the influence of alcohol concentration 0.162% in blood.

As a result, the Defendant driven a motor vehicle under the influence of alcohol even though the power of driving a motor vehicle is twice or more but under the influence of alcohol.

2. The Defendant is a person who drives B AD Q5 automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On April 5, 2018, the Defendant driven the said car at a speed of about 40 to 50km in time, depending on the two-lanes from the location of the fire station from the location of the telephone station to the shooting distance of the fire station, while under the influence of alcohol as described in paragraph 1, the Defendant driven the said car at a speed of about 50 to 50km in the city.

At the time, there are nights and vehicles stopping in the front, so in such cases, there was a duty of care to live the front door well and drive the vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence and neglected to perform a breath duty, and was under the influence of the Defendant’s driving of the back part of the DMF5 car driven by the victim C (V, 60 years old) who was under a stop for signal waiting due to negligence.

The victim C is a victim E (51) who was in the atmosphere of the signal signal due to the shock of the above accident, and is a F rocketing taxi operated by the victim E (51).

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