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(영문) 인천지방법원 2020.02.07 2019고단6556
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a Burle car.

On June 6, 2019, the Defendant driven the said car while under the influence of alcohol of 0.131% of blood alcohol level around 22:00, and proceeds at a speed of about 40 km per hour in the direction of the funeral crossing from the c-lane of the front side of the Incheon Bupyeong-gu, the two-lane of the three-lane c-do of Bupyeong-gu, Incheon.

The course has changed into one lane.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change, and he/she has the duty of care to inform the direction change in advance and to change the lane safely by making the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and caused the collision to the left side of the Defendant’s vehicle after the victim D (Nam, 50 years old) driven by the victim D (Nam, 50 years old) who is driving a one-lane due to the negligence of changing the course toward the one-lane.

Ultimately, the Defendant suffered injury to salt and tension in the part where the details of the loss requiring treatment for about two weeks are unknown by the above negligence.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at a section of about 500 meters from the roads in front of the Busan Bupyeong-gu Busan Metropolitan City (Seoul Metropolitan City) to the roads in front of the same Gu, while under the influence of alcohol 0.131% of the blood alcohol level at a temporary border, such as the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the occurrence of a traffic accident;

1. A written statement on the occurrence of a D traffic accident;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing bodily injury resulting from drinking).

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