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(영문) 인천지방법원 2020.08.12 2020고단3805
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act (LA). On April 19, 2018, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime from the Vice Branch of the Incheon District Court for the same crime, and the said judgment became final and conclusive on the 27th of the same month.

Criminal facts

1. On March 25, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a B-learning car under the influence of alcohol level of 0.157% on blood alcohol level on March 25, 2020, and driving it along the three-lane roads in front of D-C located in Seocheon-si C at the seat of D High School as a lake park area from the seat of D High School.

In such cases, the driver of the vehicle has a duty of care to see the front side, maintain the safety distance, and accurately manipulate the steering gear and brakes so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant: (a) caused by negligence, while neglecting this, led the victim E (the 42-year old-old) who stops to the right side of the F rocketing car driven by the victim E (the 42-year-old-old) to shock the part of the Defendant’s right side of the front side of the front side of the rocketing boarding car; and (b) caused the shock of the said rocketing car, which the victim G (the South, the 58-year-old-old-age-old-age-old-of-age-of-age-of-age-age-of-age-age-of-age-

Ultimately, the Defendant, while driving the said car under the influence of alcohol which makes it difficult for the Defendant to drive the car normally, sustained the victim E with salt, tensions, etc. of the trend that requires a two-day medical treatment for approximately two weeks, inflicted injury on the victim G, such as base salt, tensions, etc. of the trend that requires a two-day medical treatment, and inflicted injury on the victim I (the victim I, 59 years old), who was on board the said wing truck, in need of a two-day medical treatment, such as base salt, tensions, and tensions, etc., on the part of the victim J (the victim J, who is the same passenger, 59 years old).

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