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(영문) 인천지방법원 2020.08.12 2020고단4440
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a BP motor vehicle.

On April 10, 2020, the Defendant driven a car under the influence of alcohol with a blood alcohol level of 0.148% at around 06:30, the Defendant driven the car, and driven the car at the seat of the front side of the Namdong-gu Incheon Metropolitan City, which is one-lane, in accordance with the five-lane distance.

Since there are vehicles waiting for the signal signal at the time due to a large distance of passage, the defendant has a duty of care to reduce the speed and accurately manipulate the brake system in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this, while drinking alcohol level to a level of 0.148%, and 0%, the Defendant was able to drive a vehicle under the influence of drinking, such as the state of walking is clear, and the face is red-lighting, while driving the vehicle under the normal influence of drinking, and was due to the negligence of not discovering the vehicle in the front direction at the front end of the Defendant’s vehicle, and caused the eM3 vehicle behind the eM3 vehicle driven by the victim D (50 years old) who was waiting at the front end of the vehicle in the direction of driving, and caused the eM3 vehicle under the influence of SM3 vehicle to be pushed down in the front end of the 3 vehicle, and became a part of the victim F(23 years old) who is waiting at the front end of the SM3 vehicle.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the victim H(the age of 43) who is a passenger of the victim D, the victim F, and the SM3 car, respectively, for about two weeks of medical treatment.

2. On December 30, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court for the crime of violation of the Road Traffic Act, and from the Suwon District Court for the same crime on November 17, 2015, the Defendant received a summary order of KRW 2,00,000 from the Suwon District Court for the same crime.

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