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(영문) 인천지방법원부천지원 2020.10.15 2020고정554

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving of a vehicle B-hurd from among those violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 24, 2020, at around 02:59, the Defendant driven the above vehicle while under the influence of alcohol of 0.215% with a blood alcohol concentration of 0.215%, and driven the front road of Seocheon City along the two-lanes between the two-lanes from the offline of operating distance to the offline of the new driving distance.

At the time, there was a vehicle stopping along the signal atmosphere at the front of the Defendant’s driving line, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle to prevent the accident in advance by safely driving it so as to prevent the accident from shocking the surrounding vehicle by properly operating the steering system and the steering system, etc.

Nevertheless, the Defendant, under the influence of drinking, sustained bodily injury, such as salt ties, tensions, etc. of the victim D (Nam, 41 years old) who driven the said vehicle while driving the vehicle in a state where it is difficult to drive the vehicle in a normal manner due to the heavy walk of walking, snowing snow, etc., and driven the back part of the victim D (V, 41 years old) driving Ebs in the direction of the signal waiting at the bend of the vehicle of the Defendant, and suffered bodily injury to the victim F (F, South, 29 years old) for about two weeks of medical treatment.

2. Around 02:59 on May 24, 2020, the Defendant was driving a B-hurged vehicle with a blood alcohol concentration of about 4km from the road near the trade influorial basin in Bupyeong-si to the front road in Seocheon-si, Seocheon-si, about 0.215% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.