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(영문) 인천지방법원 2020.06.10 2020고단1669

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

The Defendant is a person engaging in driving a Belgium car.

On December 19, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.163% 0.163% around 21:50 on December 19, 2019, and 4 lanes in front of the D, located in Yeonsu-gu Incheon Metropolitan City C, followed by four lanes in front of the D, which are located in Yeonsu-gu Incheon Metropolitan City, the Defendant continued to proceed at a speed of about 40km from the right school distance to the right school distance.

In such a case, there was a duty of care to prevent accidents in advance by properly manipulating the front and rear left and the steering system for the driver of the vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 조향 및 제동장치를 제대로 조작하지 못한 과실로 피고인의 진행방향 우측 길 가장자리에 주차를 위해 비상깜빡이를 켜고 정차 중인 피해자 E 소유의 F K5 승용차의 좌측 뒤범퍼 부분을 피고인 소유의 벨로스터 승용차의 우측 앞범퍼 부분으로 들이받았고, 그 충격으로 위 K5 승용차가 밀리면서 피해자 E의 진행방향 우측 길 가장자리에 주차된 G 소유의 H 레이 승용차의 좌측 부분을 위 K5 승용차의 우측 부분으로 들이받았다.

Ultimately, the Defendant driven the above Belgium car in a situation where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim E, who is the driver of the above K5 vehicle, such as brain dynasium in need of treatment for about three weeks, and suffered injury to the victim I, who is the fynas, about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A report on detection of a host driver;

1. A copy of each written diagnosis;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (verification reports on the same type of crime records) Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.