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(영문) 인천지방법원 부천지원 2019.02.19 2018고단3167
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 K5

On September 26, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.229% of blood alcohol level around 20:24 on September 26, 2018, while driving the vehicle, and driving the vehicle in front of Seocheon-si C at the prudent basin, in a remote distance protection area, the Defendant was in the middle of three lanes between the two lanes.

Although the Defendant, engaged in driving service, has a duty of care to safely drive along his driving lane so as not to obstruct the traffic of other vehicles, he neglected his duty of care due to the influence of alcohol, and went away from the Defendant’s driving lane while having difficulty in driving normally due to the influence of alcohol, and gets the front part of the right side of the E-si driven by the victim D (the age of 60) (the age of 60) who was a direct driving along the two-lane, was placed in front of the left side of the Defendant.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, was caused by the victim D and the victim F (the 39 years old), who is the passenger of the victimized motor vehicle, by the negligence in the course of his duty, by suffering from the injury of the victim D and the victim F (the 39 years old) for about two weeks of treatment.

2. On March 18, 2008, the Defendant was issued a summary order of a fine of KRW 2 million by a fine of KRW 2 million by a crime of violation of the Road Traffic Act in the Busan District Court’s subsidiary branch on March 18, 2008, and on December 6, 2012 by the same court as on December 6, 2012.

On September 26, 2018, at around 20:24, the Defendant driven the B K5 car from around 2.3 kilometers from the G apartment in Seocheon-si to the second floor of the H underground parking lot in Seocheon-si, Seocheon-si.

Accordingly, the defendant has violated the prohibition of driving under the influence of alcohol not less than twice.

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