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(영문) 인천지방법원 부천지원 2020.02.04 2019고단3322

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. 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 car.

On June 28, 2019, the Defendant driven a four-lane road in order to drive the said vehicle at a 0.116% alcohol level in the state of under the influence of alcohol at the 22.9km point in the Sincheon-si, Seocheon-si on 21:10 on 28, 2019, while driving the said vehicle at a 0.16% level, and led the vehicle to go straight at the ethic speed from the ethic IIC bank.

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 driven by the victim C(35 years of age) who driven a vehicle in the same direction as the vehicle due to the occupational negligence of driving the vehicle while driving the vehicle in a state where it is difficult to drive the vehicle normally due to the division of a speech and behavior into a breath, and was driven by the victim C(35 years of age).

As a result, the Defendant suffered, by negligence on the part of the above, the injury to the Defendant’s base and tension that requires approximately two weeks of medical treatment, and the injury to the Defendant’s base and tension to the victim E (the 28-year old-age-age-old) who was on board the vehicle, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as paragraph (1) of this Article, driving the car of the Karen in the state of alcohol alcohol concentration of approximately 0.116% at the 5km section from the front of the cafeteria, “G” restaurant in the vicinity of the inncheon-si F Hotel to the place like paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The report on actual condition, the report on actual condition of the driver, and the report on actual condition of the driver;