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(영문) 인천지방법원부천지원 2020.12.17 2020고단4430
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Driving”), around 10:40 on July 17, 2020, the Defendant driven a B-J 3 freight vehicle with B-J 3, and led to two-lanes depending on the Seoul bank area from the area where the roads of the 4rd line in front of the Manpo-gu, Kimpo-si, Kimpo-si, the

A person engaged in the driving of motor vehicles has a duty of care in advance to prevent accidents by safely driving the steering gear and brakes by properly operating the steering gear and the steering gear.

Nevertheless, while the Defendant was under the influence of alcohol concentration of 0.198% and changed the course to the first line without properly examining the left and right while being under the influence of alcohol content, the Defendant was placed on the left side of the Defendant’s cargo vehicle of the victim D(51 years old) driving along one lane on the left side of the Defendant.

As a result, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (measures after Accidents) was stopped immediately and did not take necessary measures, such as providing the victim with personal information, at the time and place specified in paragraph (1).

3. On January 16, 2009, the Defendant was issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch, and KRW 3 million for the same crime at the same court on June 10, 2019.

As above, the Defendant driven the B-wing 3 truck under the influence of alcohol concentration of 0.198% from the 3km section from the road of the F-Building at Kimpo-si, Kimpo-si, on July 17, 2020, after passing through the place specified in paragraphs (1) on the front of the building at Kimpo-si, Kimpo-si, and up to the front road of G.

Accordingly, the defendant is not less than twice Article 44 (1) of the Road Traffic Act.

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