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(영문) 인천지방법원 2017.06.07 2017고단558
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 27, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on July 28, 2014, a summary order of KRW 3 million for the same crime from the vice branch of the Incheon District Court.

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

On November 26, 2016, the Defendant, at around 14:40, had 120 branches of the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, proceeding from the east to the mountain dynamics.

Since there is a center line, there was a duty of care to thoroughly operate the driver in the front city and safely in the maintenance of the tea.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.138% in blood, was at the center line in which normal operation is difficult due to the negligence of driving the said car at the center line and caused the victim C (25 ) who is in the opposite direction by the negligence of driving the said car, to use the driver in front of the said car at the front end of the said car at the car at the car at the C (25 ). The Defendant followed the said car at the same end and caused the Furst car at the victim E (60 years old) to be driven by the victim E (60).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim C, such as salt, tension, etc. in need of a three-day medical treatment, and injury to the victim E, such as salt, tension, etc. in need of a three-day medical treatment.

2. On November 26, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license) even though he had the history of driving two or more times of drinking, the Defendant driven a B car under the influence of alcohol with a alcohol concentration of 0.138% in blood without a driver’s license on November 26, 2016, and then drive the B car under the influence of alcohol with a alcohol concentration of 0.138% in blood, Seo-gu, Incheon, Seo-gu, Incheon.

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