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(영문) 인천지방법원 2020.06.18 2020고단3412

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 engaging in driving a B rocketing car.

On April 8, 2020, the Defendant driven the said car while under the influence of alcohol of 0.087% with blood alcohol concentration of 0.087% on April 21, 2020, and led to four-lane roads in front of Incheon Bupyeong-gu, Incheon, which are about 41 to 50km at a speed of about 41 to 50km per hour depending on the side of the Bupyeong-gu, Bupyeong-gu, Incheon.

In this case, the driver of the motor vehicle has a duty of care to check whether the driver of the motor vehicle is a person who is in charge of driving the motor vehicle well and to properly operate the steering and brakes.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 제동장치를 제대로 조작하지 못한 업무상 과실로 위 승용차 앞 범퍼 부분으로 공사 현장에 설치된 ‘공사중 천천히’ 입간판을 들이받아 위 입간판이 튕겨나가면서 주변에서 교통정리를 하고 있는 피해자 D(52세)의 왼쪽 허벅지에 맞게 하였다.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and led the victim to a scambling which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.087% from the 2km section from the cafeteria to the front of the Incheon Bupyeong-gu Incheon Bupyeong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on investigation (report appended to a field photograph);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;