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(영문) 인천지방법원 2018.06.20 2018고단2861
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

1. On June 14, 2013, the Defendant was sentenced to a fine of eight million won due to a violation of the Road Traffic Act (drinking driving), etc. by the Incheon District Court, and on April 21, 2016, the Defendant was issued a summary order of one million and five million won due to a violation of the Road Traffic Act (drinking driving) by the Incheon District Court.

On February 2, 2018, at around 02:50, the Defendant driven a B lele-ro-car, while under the influence of alcohol content of about 1 km from front of the International Hospital of Yeonsu-gu Incheon, Yeonsu-gu to the front road of the 463-rom poppy-ro, Nam-gu, Incheon, Nam-gu, Seoul, while under the influence of alcohol content of 0.095%.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a burner car due to the recognition set forth in paragraph 1.

The Defendant, while under the influence of alcohol as stated in paragraph (1) of this Article, was driving the foregoing motor vehicle at the time of the day bordering as described in paragraph (1) of this Article, and was driving the three-lane road in the direction of the district border in the East-gu Incheon Metropolitan City, Nam-gu, and driving the three-lane road in the direction of the city border in the East-gu.

The Defendant’s direction signal, etc. at the above intersection was a stop signal, and the Marind victim C (35 years old) driven a DK7 car in accordance with the straight line and entered the above SK7 car into the left side of the Defendant’s course. As such, the Defendant had a duty of care to safely drive the car without entering the intersection in accordance with the stop signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal and received the right side part of the victim’s motor vehicle from the front part of the Defendant’s motor vehicle.

Ultimately, the defendant is influenced by drinking.

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