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(영문) 인천지방법원 부천지원 2019.07.19 2019고단1390

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for 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

1. The defendant is a person who is engaged in driving duties under the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

At around 06:10 on April 3, 2019, the Defendant driven the above Oba, and proceeded at the intersection of the mountain well, which is 46 in the heart of Seocheon-si, Seocheon-si, Seoul, with a blood alcohol concentration of 0.167%, at a speed of about 40km from the long distance from the telephone station to the middle dynamic.

At the time, it is a new wall, and it was the intersection where a signal with frequent operation of a vehicle is installed, so in such cases, a person engaged in driving duties shall not drive a vehicle in a state where normal operation is difficult due to influence of drinking, and there was a duty of care to drive the vehicle safely in accordance with good faith.

Nevertheless, the Defendant neglected this and went to turn to the left from the middle school station of the victim D(Seoul, 52 years old) who violated and proceeded with the red signal signal while it is difficult to drive the vehicle normally due to influence of drinking, due to the negligence, and went to the left from the middle school station of the victim D(Seoul, 52 years old).

As a result, the Defendant suffered satisfe satitiss, which requires approximately two weeks of medical treatment to the victim by occupational negligence as above.

2. The Defendant, in violation of the Road Traffic Act, driven a balb while under the influence of alcohol with approximately 400 meters alcohol concentration of 0.167% at the section of about 400 meters from the toll distance from the date of temporary border as stated in the above provision of paragraph (1) to the remote intersection of mountain wells.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The actual condition survey report and photographs;

1. The ledger on the use of drinking-free measuring instruments, the report on the state of drinking-free activities, the report on the state of drinking drivers, and the report on the state of drinking-free;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.