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(영문) 인천지방법원 2019.11.27 2019고단6830
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 9, 2015, the Defendant was issued a summary order of a fine of three million won by the Seoul Western District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving cars B.

On August 29, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 00:39% of alcohol concentration of 0.102%, and led to the progress of the roads in front of the Driju station located in Incheon Seo-gu, Seo-gu, to the reinforcement level from the king underground streets.

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

At the time, the Defendant was in a situation that is difficult to drive normally due to the influence of drinking, such as snicking, rhyming, walking and walking face are snicking and completely memorying the situation at the time.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to turn to the left at the front of the driving direction of the victim E(the age of 45) driving car, which was in the front of the driving direction, and received the front right part of the driving vehicle.

Ultimately, the Defendant driven a motor vehicle in such a state that it is difficult to drive the motor vehicle normally due to the influence of drinking, and caused the victim to suffer salt, tension, etc. of the trend requiring medical treatment for about two weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol by 0.102% at the same time and at the same place as paragraph (1) of this Article.

3. The driver of any motor vehicle, etc. who has violated the Road Traffic Act shall have the driver of any motor vehicle, etc. from among such acts as violation of signal or instruction, violation of the central line, violation of speed, maintenance of safe distance, violation of prohibition of rapid operation, violation of prohibition of overtaking, methods of overtaking, or violation of prohibition of interference with overtaking, etc.;

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