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(영문) 인천지방법원 2020.02.12 2019고단8721
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

Criminal facts

On April 11, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

1. Although the Defendant violated the provisions on prohibition of driving under the influence of alcohol as above, around November 18, 2019, at around 03:35, the Defendant driven a C Sti-type car under the influence of alcohol with a blood alcohol concentration of about 0.11% from the section of about 1km from the front of Seo-gu Incheon, Incheon to the front of the family history, which is located from 03:35 on November 18, 2019.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car in C Sti district

On November 18, 2019, at around 03:35, the Defendant driven the said car with a blood alcohol concentration of 0.111%, and led to the front of the household distance in Seo-gu Incheon, Seo-gu, Incheon to proceed from the boundary of the middle intersection to the intersection.

At night and in the same direction, the victim D (ma, 47 years old)'s E-learning car was in front of the cross-section, and thus, the driver of the motor vehicle had a duty of care to safely operate the steering direction and operation of the operation system by reducing speed and accurately manipulating the steering direction and operation system by well examining the situation.

Nevertheless, the Defendant neglected to drive his vehicle in a state where normal driving is difficult due to influence of drinking, and received the part of the Defendant’s vehicle following the driver’s seat in the front line, which was in the atmosphere of signaling at the front line.

Ultimately, while driving a motor vehicle in a state where it is difficult for the Defendant to drive the motor vehicle under the influence of alcohol, the Defendant’s injury, such as salt, tension, etc., that requires the victim D to provide approximately two weeks’ medical treatment due to the above occupational negligence, requires approximately two weeks’ medical treatment to the victim F (V, 21 years of age) who was on board the said passenger vehicle.

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