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(영문) 인천지방법원 부천지원 2021.01.12 2020고단2600

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 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 engaging in driving a vehicle BM 420D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 20, 2020, the Defendant driven the said car under the influence of alcohol level of 0.115% among blood transfusions on April 20, 202, and turn it to the high-priced and high-priced vehicular road in order to turn it to the lower-priced vehicular road in order to turn it to a lake.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to prevent accidents by safely driving by checking the traffic conditions in front, rear, and right side.

Nevertheless, as above, Defendant 1, as a result of the occupational negligence going beyond the median line in a situation where normal driving is impossible due to the influence of alcohol, received a median line in the form of a fleet from the center to the opposite lane, which led to the fall off on the lane, and as a result, the tin of the boundary of the fleet was removed from the lane, and immediately following the collision between EMW320i car of the victim D(64 years old) driving along the one lane in the north northwest of the transmission line with the one lane in the north northwest. The victim suffered an injury, such as a light dial base, which requires approximately three weeks medical treatment.

As a result, the Defendant suffered injury to the victim due to occupational negligence while driving a motor vehicle in a state where normal driving is impossible due to the influence of alcohol.

2. On April 20, 202, the Defendant driven a BMW 420d car under the influence of alcohol leveling 0.115%, while under the influence of alcohol leveling 0.15%, on the road from the front of the F in Seocheon-si to the front of the same city at approximately 1.5km.

Summary of Evidence

1. Statement by the defendant in court;

1. The police of D. D.