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(영문) 인천지방법원 2020.08.19 2020고단4535
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 23, 2018, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and a fine of KRW 2 million for the same crime at the Seoul Southern District Court on June 1, 2018.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving service of GDPR125A;

On April 29, 2020, the Defendant, while under the influence of alcohol with 0.336% of blood alcohol concentration around 10:45 on April 29, 2020, driven the above Oralab, and led directly to a fluoral speed at an unfriened speed, depending on three-lanes of the four-lane road in front of the Incheon Southern-gu, Incheon Metropolitan City C.

At the same time, the Fchip car of the victim E (ma, 53 years old) was stopped in the traffic signal atmosphere, and thus, the defendant engaged in driving service has a duty of care to take care of the front door and accurately manipulate the brake system to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to drive a motor vehicle while driving the motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, such as moving redlight on face, and failed to accurately operate the brakes and was under the influence of the motor vehicle on the front part of the above Oral Ba as it is, due to negligence, and was behind the motor vehicle.

Ultimately, the Defendant driven the above Oral ba while it is difficult to drive a car normally due to the influence of drinking, and suffered a brupt of the shoulder pipe that requires approximately two weeks of medical treatment to the victim G (ma, 42 years of age) who is the same passenger of the said car, respectively.

2. Around 10:45 on April 29, 2020, the Defendant driven BPD125A Oralb in the state of alcohol alcohol concentration of approximately 0.336% from the 2km section from the front of the He apartment in the Nam-gu Incheon Metropolitan City to the roads of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G. 1.

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