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(영문) 인천지방법원 2018.08.13 2018고단2938
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On July 22, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million, and a summary order of KRW 2 million from a fine of KRW 1.5 million to a crime of violating the Road Traffic Act at the Incheon District Court on October 15, 2012.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 19, 2018, the Defendant was unable to drive normally due to the influence of drinking, such as under the influence of alcohol, such as driving, walking, etc. while under the influence of alcohol, the Defendant was driving the said vehicle, driving the said vehicle, driving the road front of the D convenience store located in Gyeyang-gu Incheon Metropolitan City, and driving it in the direction of the operation distance.

At night and at that time, since the vehicle was parked on the side of the road, there was a duty of care to properly operate the steering and steering system and to safely drive the center line.

Nevertheless, due to the negligence that the Defendant was negligent in operating the steering direction and brakes properly, the Defendant received the part of the victim E, which was parked in the front line of the Defendant’s proceeding, as the front part of the Defendant’s vehicle, and had the victim, who was carrying the back part of the Defendant’s vehicle, exceeded the floor of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as the climatic salt, which requires approximately two weeks medical treatment, to the victim.

2. The Defendant is under the influence of alcohol leveling 0.159% of alcohol leveling from the section of about 3 km at the distance of about the 3km from the infinite Dong of Gyeyang-gu, Incheon to the place indicated in paragraph (1) 1 on the day under paragraph (1).

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