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(영문) 인천지방법원 2018.12.12 2018고단5330
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2018 Highest 5330"

1. The Defendant is a person who is engaged in driving a motor vehicle B-II in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 4, 2018, the Defendant driving the above cargo vehicle under the influence of alcohol level of 0.136% in blood, while driving the above cargo vehicle under the influence of alcohol level of 66 and Songdo 1, as the air route of Yeonsu-gu Incheon Metropolitan City around 23:30 on July 4, 2018, and proceeded at the speed of the Si non-speed speed depending on the area of the new city from the surface of the air basin of the Dongdo.

At the time, there was a vehicle stopping in front of the moving direction of the defendant, so in such cases, there was a duty of care to maintain the safety distance by living the front door well and reducing the speed of the driver, and to prevent the accident in advance after stopping safely and driving in accordance with the new name.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes, etc. under the influence of alcohol, and caused D X-ray driver C to be driven by his/her substitute driver who was under the stop according to the new subparagraph, and caused the panion part to be the front part of the said Poter II truck.

As a result, the Defendant, while driving the said car under the influence of alcohol which is difficult to drive normally, suffered from the injury of the victim E (the age of 56) who was on the top of the operation of the said X-ray car due to the influence of alcohol for about two weeks, such as fluoral salt, which requires approximately two weeks of medical treatment.

2. On August 29, 2007, the Defendant was issued a summary order of a fine of three million won or more due to a violation of road traffic law (drinking) in the support of the Incheon District Court in Incheon District Court on August 29, 2007. On May 29, 2009, the Defendant is a person who has been issued a summary order of a fine of 1.5 million won or more due to a violation of road traffic law (drinking) by the Incheon District Court on May 29, 2009.

On the date and time specified in paragraph 1, the defendant is about 7 km from around his residence in the Nam-gu Incheon Metropolitan City to the place of the above accident.

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