(영문) 인천지방법원 2020.02.06 2019고단8718

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(영문) 인천지방법원 2020.02.06 2019고단8718

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 29, 2005, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on June 30, 2006, the same court issued a summary order of KRW 2 million for the same crime. On May 20, 2010, the same court issued a summary order of KRW 3 million for the same crime. On July 12, 2012, the Defendant was sentenced to a fine of KRW 10 million at the same court.

【Criminal Facts】

1. Around 19:00 on November 16, 2019, the Defendant driven C 3 truck under the influence of alcohol with a blood alcohol concentration of 0.208% from the 1km section of approximately 1km to the roads in front of the building in Seo-gu Incheon, Seo-gu, Incheon to the end of the same Gu.

2. The defendant is a person engaged in driving C-wing three trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 16, 2019, the Defendant driven the said truck under the influence of alcohol level of 0.208% on blood alcohol level around 19:00, and led to a two-lane road in front of the Seo-gu Incheon Metropolitan City, Incheon, along the direction of Gyeyang-gu, to drive about 30km each hour in the direction of the public village distance.

At the time, there is an intersection in which signal lights are installed at night and on the front side, so in such a case, there was a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident by checking whether there is a motor vehicle in the atmosphere of signal by reducing the speed and checking well the front side of the motor vehicle.

Nevertheless, the Defendant neglected to drive his vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and got off the victim D(34 years of age) to the right side of the E-na-car of the victim D(34 years of age) who was in the atmosphere of signaling in the front bank, and received the front part of the said truck.

Ultimately, the Defendant is unable to drive normally while under the influence of alcohol.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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