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(영문) 인천지방법원 2020.12.23 2020고단9707

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person driving QM6 automobiles.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving B QM6 automobiles.

On August 31, 2020, the Defendant driven a car on August 17:35, 2020, and driven the front road of D, located in Bupyeong-gu Incheon Metropolitan City, according to one-lane distance from the side of the Bupyeong-gu, Bupyeong-gu, the blood alcohol concentration of which is 0.148%.

Since there are many traffic volume, the defendant has a duty of care to properly manipulate the brake system and operate it.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the brake system under the influence of alcohol, the Defendant was driven by the victim E (the age of 31) who was under the same direction while stopping in the same way as that of the vehicle in the same direction, followed the Ftota PRI US car and then was driven by the Defendant in front of the Defendant car.

The Defendant driven a car in a state where it is difficult to drive the car normally due to influence of alcohol, and suffered bodily injury, such as light salt, tension, etc., which requires a two-day medical treatment for the victim E, and the victim G (the 29-year-old) who is the passenger of the damaged vehicle, for about two weeks, such as the relevant base and tension.

2. On June 24, 2013, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on September 21, 2015.

The Defendant driven a car under the influence of alcohol, which is about 0.148% of blood alcohol level, at approximately 500 meters from the first way to the place of paragraph 1., located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon.

Summary of Evidence

1. The defendant's legal statement E and the police statement of G;

1. The circumstantial statement of the employee;

1. Each written diagnosis of the actual condition of traffic accidents;

1. Previous convictions before ruling: Criminal records, etc., an inquiry report, an investigation report (verification of the same kind of force), and a summary order Act and subordinate statutes; 1.