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(영문) 인천지방법원 2020.11.05 2020고단2357
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 23, 2010, the Defendant was notified of a fine of KRW 5 million by the Seoul Western District Court for the violation of the Road Traffic Act (driving). On June 17, 2009, the Defendant was notified of a fine of KRW 1 million by the Incheon District Court for the same crime.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On February 3, 2020, at around 20:12, the Defendant driven the above mix while under the influence of alcohol with 0.113% of blood alcohol level, and led D secondary schools located in Bupyeong-gu Incheon Metropolitan City to drive the front of the D secondary school in Bupyeong-gu C in the direction of the new village distance from the open water shooting distance.

In such a case, the driver has a duty of care to care in advance to prevent accidents by properly operating the steering gear and operation of the steering gear and the brake.

Nevertheless, the Defendant, while neglecting the influence of alcohol, found the FSP car driven by the victim E (the 35-year old) who was parked for the signal waiting at the front direction of the Defendant’s proceeding due to the negligence of the Defendant’s negligence while driving, and was found late behind the FSP car driven by the victim E (the 35-year old). The Defendant was driven by the backer of the car driven by the victim with the front ender of the passenger car driven by the Defendant.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. On February 3, 2020, at around 20:12, the Defendant driven Bone Star Cornex under the influence of alcohol concentration of approximately 0.113% from the section of approximately 2.8m to the front road of the D secondary school located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, the place of accident, such as the preceding paragraph, located in the Heandong-gu, Incheon.

Accordingly, the defendant violates the prohibition of drinking driving more than twice.

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