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(영문) 인천지방법원 2020.01.22 2019고단8481
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On October 18, 2019, the Defendant committed the first accident related to the first accident on October 18, 2019, around 08:30 on October 18, 2019, the Defendant driven a motor vehicle with low alcohol in the state that it is difficult to drive normally due to the influence of drinking, whose blood alcohol concentration reaches 0.167%, while driving a motor vehicle in front of the “C” in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and driven at an irregular speed depending on the two-lane between the two-lanes.

Since there is a center line of yellow-ray, there was a duty of care to safely drive the car line by thoroughly controlling the steering gear and controlling the steering gear accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of Jeonju City, and operated the steering gear in an excessively close vicinity to the median line due to negligence that failed to accurately operate the steering gear, and was driven by the victim G(the age of 49) who was going on the opposite line, and was driven by the victim G(the age of 49).

Ultimately, the Defendant driven the said low-priced car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc., which requires two-day medical treatment.

2. On October 18, 2019, the Defendant committed the second accident related to the second accident on October 18, 2019, around 08:30 on October 18, 2019, the Defendant driven a motor vehicle with low alcohol level in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking at a blood alcohol level of 0.167% on the roads located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and proceeded at a speed of about 20km per hour depending on the fourth-lane of speed from the IC room to the I room.

In such cases, there was a duty of care to prevent accidents, such as taking the front and the other driving vehicles well into account, properly operating the steering gear and brakes, and maintaining the safety distance.

Nevertheless, there is a need to do so.

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