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(영문) 인천지방법원 부천지원 2019.03.21 2018고단3258

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The punishment of the accused shall be determined by eight months of imprisonment.

However, the above imprisonment for a period of 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 to Dangerous Driving) is a person engaged in driving B-learning automobiles.

On October 12, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.161% of blood alcohol concentration around 19:30 on October 12, 2018, and led the roads in front of Seocheon-si, Seocheon-si, Incheon, to the ethical distance-proof plane from the ethical bank of the original U.S. police station at a speed of about 40km.

At the same time, there was an intersection where signal lights are installed, so that a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while normal driving is difficult due to the influence of alcohol, and there was a duty of care to prevent accidents by properly operating the steering and brakes so that the person engaged in driving of the motor vehicle can not drive the motor vehicle while normal driving is difficult due to influence of alcohol

Nevertheless, the Defendant, by neglecting this, driven in a state where normal driving is difficult due to influence of drinking, and neglected the electric stop signal, and caused the victim D(33 years old) driving in order to keep the traffic signal late behind the operation, and led the backer of the Abeo car in the front of the Defendant vehicle to shock the backer of the victim D(33 years old) driving.

Ultimately, the Defendant suffered from the injury of the victim D and the victim F (the 34 years old), who is the passenger of the victimized vehicle, due to the foregoing occupational negligence, for approximately three weeks of medical treatment.

2. Around 19:30 on October 12, 2018, the Defendant driven a b bargaining vehicle under the influence of alcohol content of about 0.161% from a section of about 7km from the road near the Dong-dong, Bupyeong-gu, Incheon, Bupyeong-gu to the front road of Seocheon-si, Seocheon-si, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.