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(영문) 인천지방법원 2018.08.29 2018고단4966
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and engages in driving of the HG car.

On April 25, 2018, the Defendant driven the above car at around 17:10, while driving the blood alcohol concentration of 0.150%, and driven the front road in Gyeyang-gu Incheon Metropolitan City at a low speed from the scambline to the low speed of the two-lanes of the flat IIC room.

Since the signal lights are installed on the front side, in such a case, there was a duty of care to prevent accidents in advance by driving safely by driving safely, such as accurately manipulating the steering gear, brakes, etc., by living well on the front side as to whether a person engaged in driving of a motor vehicle is a vehicle waiting for signal.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation system under the influence of alcohol, the Defendant was negligent in neglecting this, and the lower part of the FF-learning car of the victim E (the age of 38) who was standing in the same direction was placed in the front of the Defendant car.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the Defendant, such as salt, tensions, etc., in light of the 3 weeks’ medical treatment, and the injury to the victim G (V, 61 years of age), who is the passenger of the victimized vehicle, about two weeks’ medical treatment.

2. On April 14, 201, the Defendant violated the Road Traffic Act (unlicensed driving) and the Road Traffic Act (drinking driving), a summary order of KRW 7 million, which was issued by the Seoul Northern District Court, to a fine of KRW 4 million due to a crime of violating the Road Traffic Act (drinking driving), and on August 4, 201, the Incheon District Court issued a summary order of KRW 5 million as a fine of KRW 5 million for the same crime.

On April 25, 2018, the Defendant: (a) around 17:10 on April 25, 2018, from the restaurant I located in Gyeyang-gu Incheon Metropolitan City to the D in front of the D in the same Gu C, and (b) was under the influence of alcohol content of about 0.150% during blood without a vehicle transport license, and driven the HG car without a vehicle transport license.

(i) the evidence;

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