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(영문) 인천지방법원 2020.06.24 2020고단1179
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Maz car;

On November 11, 2019, at around 02:21, the Defendant driven the said car with a blood alcohol concentration of 0.122%, and led the Defendant to drive the said car at a speed of about 40km in the direction of south East-gu Incheon Metropolitan City, along the three-lanes of the two-lanes of the roads in front of the Incheon Southern-gu C, along the direction of the south East East-gu, at a speed of about 40km.

At that time, the rain was sucked and the surface was sucked at night, and there was a vehicle going around by the intersection, and thus, there was a duty of care to safely operate the steering system, brakes and other devices of the vehicle, by accurately operating the steering system of the vehicle.

Nevertheless, the Defendant was negligent in neglecting the remaining under the influence of alcohol and failure to accurately operate the brake system without accurately operating it, and received the part of the back part of the victim D(57 years old) driving in the same lane in front of the car. The Defendant received the back part of the victim D(57 years old) with the front part of the said car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

2. On May 15, 2018, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch Branch, and on November 15, 2018, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the same court.

The Defendant driven the said car under the influence of alcohol level of about 0.122% from the 1k-distance section from the mutual influence of the trade influence in the Nam-gu Incheon Metropolitan City, Nam-gu to the front road in the Nam-gu, Incheon Metropolitan City.

(i) the evidence;

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