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(영문) 인천지방법원 부천지원 2020.02.25 2019고단3732
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 this judgment becomes final and conclusive.

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 a person engaged in driving a B Belgium car.

On September 8, 2019, the Defendant was driving the car in front of the shooting distance under the influence of alcohol concentration of 0.224% as it was transmitted within Seocheon-si, 239, and was driving the car in front of the blood alcohol concentration of 0.24% from the transmission details to Kimpo-face, and turned to the left at the Incheon plane.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and since there is an intersection where a signal apparatus is installed, he/she shall turn to the left pursuant to the left-hand subparagraph, and he/she has a duty of care to prevent accidents in advance by safely driving the front side and the left, such as accurately operating the steering and brake system.

Nevertheless, the Defendant received the front part of the Drdle Sheping Motor Vehicle operated by the victim C (the 57-year old), who had been normally straighted in accordance with the new code, from the front part of the said car, due to the occupational negligence in violation of the signal even though the car driving signal was straighted, in a situation where it is difficult to drive in a normal manner, such as influoring, red and inaccurate manner, while under the influence of alcohol, and was in the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On December 1, 2014, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Busan District Court’s Branch Branch on December 1, 2014.

Nevertheless, the defendant is 0.224% of the blood alcohol concentration in the section of approximately 4.87 km from the front to the place in which paragraph (1) is the same as that of the vice comprehensive sports complex located in the city of Bupyeong-si, 482.

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