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(영문) 인천지방법원 부천지원 2020.04.22 2019고단4256

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 a vehicle B.

On October 16, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.173% around 00:40, while under the influence of alcohol on October 16, 2019, and led to the left-hand turn at about 30km in the direction of middle school from the side of the Busan department store in order to turn to the left-hand turn in the direction of middle school.

Since the location is an intersection where signal lights are installed, there was a duty of care to safely drive the steering system, brakes and other devices in accordance with the signals by accurately operating the steering system, brakes and others by checking the front and rear left well.

Nevertheless, the defendant, while under the influence of alcohol, neglected to turn to the left in violation of the signal, led the victim D(W, 33 years old) driving in accordance with the new code to the front driver of the car of the defendant.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to alcohol, and suffered injury to the victim, such as light salt, tension, etc., for about two weeks of medical treatment.

2. Around 00:40 on October 16, 2019, the Defendant driven a bro-car in the state of alcohol with a blood alcohol concentration of 0.173% from the 1km section of approximately 1km from the street department after the department store in Busan-si to the front road in Busan-si. In addition, the Defendant driven a bro-car in the state of alcohol with a blood alcohol concentration of 0.173%.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated a car with B which was not covered by mandatory insurance at the same time and place as the written in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual conditions, drinking softs;