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(영문) 인천지방법원 부천지원 2018.12.20 2018고단2805

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On August 22, 2018, at around 23:55, the Defendant driven the said car, while under the influence of alcohol leveling 0.165% in blood, while driving it on the road in front of the pool Kimpo-si, Kimpo-si at around 23:5, 2018, the Defendant driven the said car along two-lanes toward Seoul.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by properly manipulating the brake system if there is a vehicle waiting for the signal.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the back part of the D Do-do-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim E (V, 55 years old) who was on board the said car due to the said car, such as salt ties, tensions, etc. which require approximately three-day medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant driven B K3 cars under the influence of alcohol leveling 0.165% from the 2km section of the blood alcohol level to the road front of the potteries of Kimpo-si, Kimpo-si, from the vicinity of the head of Kimpo-si in Kimpo-si to the pool of Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports and internal investigation reports (report on the situation of the driver in charge) and telephone communications;

1. Investigation report on the actual condition, report on the occurrence of a traffic accident, report on the circumstances of the driver of the vehicle driving, and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Making teas;

1. Application of Acts and subordinate statutes to a field photograph, a CCTV image in the vicinity of the site.