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(영문) 인천지방법원 부천지원 2019.09.26 2019고단2050

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed 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 passenger car B lowest

On June 1, 2019, at around 04:30, the Defendant driven the said car with a alcohol level of 0.149% 0.149%, and got to turn to the left the left of the front of the three-distance road for forest bath in front of the 84-1, due to the operation of the said car at Seocheon-si, Seocheon-do.

Since there is a signal, there was a duty of care to safely drive a person engaged in driving of a motor vehicle according to good faith.

Nevertheless, the Defendant neglected this and neglected to turn to the left due to the negligence in violation of the signal, which was driven by the victim D(51) who was in the atmosphere of the signal in order to turn to the left at the left from the one-lane of the deputy sports complex by the left-hand turn, and was driven by the Defendant as the front part of the car driven by the Defendant.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim's injury, such as salt dynasty requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at a section of about 3 km of alcohol alcohol level 0.149% from the 3km section of the same 84-1 under the influence of alcohol level from the 3km of the river basin near the river basin in the city of Bupyeong-si at the time and time as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on drinking alcohol;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant statutory provisions and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.