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(영문) 인천지방법원 부천지원 2019.10.30 2019고단1201
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of 201 high-class 1201, and violation of the Road Traffic Act;

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving freight B.

On April 7, 2019, at around 19:30, the Defendant driven the above cargo while under the influence of 0.113% of blood alcohol concentration, and led to the road of one-lane Do near D in Kimpo-si Kimpo-si to the 60km speed from the west Jeju Island to the Kimpo-si.

At the time, there was a passenger car in the Fti-gu that is driven by the victim E (the age of 37) driving in the same direction on the front side of the cargo, so in such a case, the driver had a duty of care to check the safety distance from the passenger car driven in the front side and to operate the steering and operation system properly.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brakes properly, due to the negligence of neglecting the operation of the brakes, received the parts behind the said vehicle as the front part of the said cargo vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking or drugs, and suffered injury to the victim, such as dump, tension, etc. in need of treatment for about two weeks.

B. The defendant is in violation of the Road Traffic Act (driving).

From the roads near the cafeteria in which the trade name in the Jeju Jeju Dog-ri can not be known at the time and time, Kimpo-si as described in the port, the above A.

From about 4 km to the place indicated in the port, B Poter Ⅱ was driven under the influence of alcohol with a blood alcohol concentration of about 0.13%.

2. The Defendant violates the Road Traffic Act (Non-licensed Driving) of 2019 Highest 2212 on June 21, 2019, the Defendant did not obtain a driver’s license at a section of about 20 meters from the Hridge located in G in Kimpo-si to the I neighboring road in the area of about 14:05 to June 21, 2019.

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