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(영문) 인천지방법원 2021.03.31 2020고단9429
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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 August 31, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Goyang Branch of the Jung-gu District Court.

[Criminal facts]

1. Around August 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car with four-lane 1.1km km away from the New Airport Highway (Seoul Direction) in Jung-gu, Incheon, Jung-gu, Incheon, while under the influence of alcohol at 0.112% of alcohol level during blood, and led the Defendant to drive a car with B benz E200 in the air room in Seoul at a non-speed speed.

Since a large number of vehicles pass on an expressway at a rapid speed, if it is likely that a person engaged in driving a motor vehicle would impede normal traffic of other motor vehicles running in the direction of change when intending to change course, he/she shall not change course, and he/she has a duty of care to operate the brakes and steering gear in a safe way by accurately operating the brakes and steering gear.

Nevertheless, the Defendant was negligent in failing to accurately operate the steering gear and brakes in a state where normal driving is difficult due to the influence of alcohol such as 0.112% alcohol concentration in blood, her walking, in an incorrect and inaccurate manner, and red red, and immediately changing the course from the two lanes to the four lanes, and caused the victim C(41 older) driver's vehicle running in the same direction in the same direction on the fourth lane, which was in the same direction on the other side, to rapidly drive the vehicle. However, the Defendant did not avoid being faced, but did not get QM6 driver's vehicle in QM6 driver's front part of QM6 driver's vehicle in QM6 car.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and inflicted injury on the victim C and E (34) who is the passenger of the victimized vehicle, such as the crum and tension of the trend requiring approximately two weeks medical treatment.

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