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(영문) 인천지방법원 2019.05.30 2019고단1716

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

1. Around February 16, 2019, the Defendant driven a vehicle under the influence of alcohol by 0.116% of alcohol concentration from around 1.5km to around the roads of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon to the roads of the same Gu C at approximately 1.5km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD sm520) is a person engaging in driving a car.

On February 16, 2019, around 19:13, the Defendant driving the said car under the influence of alcohol concentration of 0.116% on the roads in front of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, with a view to blood alcohol concentration of 0.16%.

At the time of leaving the vehicle, a large number of vehicles had a duty of care to safely drive the vehicle by checking well the left and right of the vehicle's driver in such a case.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving at the front of the driver’s vehicle by negligence, led the victim E (the 60-year-old driver) who was driving at the front of the driver’s vehicle. The lower part of the lower part of the driver’s vehicle was shocked by the front part of the driver’s vehicle.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, suffered from the injury of the victim E, such as salt, tensions, etc. in need of medical treatment for about two weeks, and injury to the victim G (V, 47 years of age) who was on board a motor vehicle in the Spo-land, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Statement of actual condition, statement of actual condition of an employee, report of an employee with the status of an employee with the status of an employee with the status of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving).