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(영문) 인천지방법원 부천지원 2020.04.28 2020고단88

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six 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 who is engaged in driving a wing and secondary cargo vehicle B.

On November 9, 2019, the Defendant driven the above cargo while under the influence of alcohol 0.227% in blood alcohol concentration on November 21, 2019, and changed the lane into one lane while driving the above cargo at the same time as the blood alcohol concentration of 0.27% in the brea-si.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as taking into account the traffic situation of the front left and right right, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while being unable to drive normally due to influence of alcohol, was driving while neglecting the above duty of care and was driven by D (58 years old) standing to the right side of the Eststuna vehicle at the right side of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol level of 0.27% and driven a motor vehicle under the influence of alcohol, thereby causing the injury of the victim D, such as the climatic salt, tension, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report and the report on the actual condition of the driver;

1. A written request for appraisal;

1. The application of Acts and subordinate statutes, such as an accident site photograph, drinking-measurement photograph, CCTV, CCTV, video CD, and diagnostic document (D);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The community service order and the like;