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(영문) 인천지방법원 2020.12.23 2020고단4968

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

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

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

On March 16, 2020, at around 01:40, the Defendant driven the above vehicle while under the influence of alcohol of 0.11% of alcohol concentration of 0.11%, and proceeded at approximately 274.9km in the direction of the passage of the small and medium-sized Highway located in the Seocho-gun, Jincheon-gun, Jincheon-gun, in one speed, along the speed of 198km.

At the same time, there are other vehicles that are night and ongoing, so in such a case, the driver of the vehicle has a duty of care to live well on the front side and the left side, to observe the speed of 110 km per hour, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant, at the time, driven in violation of the speed of restriction in a state where it is impossible to drive in a normal condition due to a breath, such as ina breathy and breathy, while driving in violation of the speed of restriction due to a breath, etc., and changed the course from the two-lanes to the one-lanes, which the victim C (Nam, 61) driven by the same direction, was shocked into the back part of the b

As a result, the Defendant suffered injury to the victim, such as the impairment of saves, gymology, gymnasium, etc., which requires approximately two weeks of treatment due to the above occupational negligence.

2. On July 9, 2008, the Defendant has been issued a summary order of a fine of two million won at the Daegu District Court for the crime of violating the Road Traffic Act.

On March 16, 2020, the Defendant driven the said car under the influence of alcohol by 0.111% from a section of about 10km to a point of 274.9km along the middle-west Highway, from the front side of the Gyeonggi-gun, Chungcheongnam-do, and to the point of 274.9km.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement.