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(영문) 인천지방법원 2020.12.16 2020고단8026
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, for three 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 the person engaged in driving freight B;

On July 29, 2020, at around 00:19, the Defendant driven a cargo vehicle in front of Incheon Gyeyang-gu Incheon Metropolitan City, while under the influence of alcohol concentration in which it is impossible to identify the blood alcohol concentration level, and directed towards the direction of the baltho distance from the baltho distance.

Since the center line, which is a yellow solid line, has been installed, the defendant has a duty of care to see the front line and to safely operate the wheel line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the opposite direction beyond the median line, and was driven by the victim E (39 years old) who was straight along the two-lanes of the two-lane two lanes from the balwing distance protection area to the balwing distance from sunrise, and was driven by the Defendant’s front portion of the Fwing and Ⅲ freezing, which was driven by the victim E (39 years old).

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as light salt, tension, etc. for about two weeks to the victim.

2. On February 12, 2009, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 10,000 due to a crime of violating the Road Traffic Act (driving) and a fine of KRW 10,000,000 from the Incheon District Court to a fine of KRW 3 December 3, 2014.

On July 29, 2020, the Defendant received a report on the occurrence of a traffic accident at the location of paragraph (1) of 00:50 and received a demand from G Assistant H of the Incheon Gyeyang Police Station G Assistant H of the Incheon Gyeyang Police Station to comply with the measurement of alcohol by inserting the whole breath in the breath of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as snow snow snow, etc.

Nevertheless, the defendant put in a drinking-free measuring instrument.

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