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(영문) 인천지방법원 부천지원 2020.05.13 2019고단3323
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

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

On August 31, 2019, around 02:30, the Defendant driven the said three-lane road in front of Seocheon-si, Seocheon-si, with a blood alcohol concentration of 0.196%, while driving the said vehicle under the influence of alcohol concentration, and the Defendant was driving the said vehicle at an influencous speed from the slope of the shooting distance to the slope of the influence.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as keeping the front side and the left side well, accurately operating the steering wheel and brake system.

Nevertheless, under the influence of alcohol, the Defendant: (a) was under the influence of alcohol, the blood color is red; (b) the walking state is very big; and (c) the victim D (year 27) who was parked in a vehicle due to the occupational negligence during the operation of the vehicle in a state where it is difficult to drive the vehicle normally due to the snow of the road, and was driven by the victim D (year 27) who was under the stop to cross the traffic at the front end of the vehicle.

Ultimately, the Defendant suffered from the injury of the said victim and the victim F (the 34 years old) who was on the part of the said victim by occupational negligence as above, such as the catum catum, which requires treatment for about two weeks.

2. On September 30, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Branch on September 30, 2014, and on February 10, 2017, the Defendant was sentenced to imprisonment of eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act and two years for a suspended sentence.

Nevertheless, the defendant around 02:30 on August 31, 2019, and around 02:0, the blood alcohol concentration is 0.0% from the 2km section to the place like Paragraph 1.

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