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(영문) 인천지방법원 2020.05.14 2019고단9357
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

The defendant is a holder of the K5 vehicle B.

On September 15, 2019, around 03:10 on September 15, 2019, the Defendant driven the above car while under the influence of alcohol concentration of 0.104% without mandatory insurance, and made a left-hand turn in violation of the signal from the surface of the new engineer distance.

At the time, the Defendant had a blood alcohol concentration of 0.104% divided the horses, and the distance was in a situation where normal driving is difficult due to the influence of drinking, such as drinking.

Nevertheless, the Defendant: (a) driven the said car in a state where normal driving is difficult due to influence of drinking; (b) driven the said car in violation of the signal at the old citizens hall shooting distance; (c) sustained injury, such as salt, tension, etc., of the part of the right hand part of the said car, which requires approximately three weeks of treatment; and (d) sustained by the victim E (E, South and fifty-six years of age) who was on board the said taxi, in the front part of the right hand part of the said car driven by the victim C (E, South and in accordance with the age of fifty-one) with the new engineer distance facing the front part of the front part of the instant car, which was driven by the victim C (E, South and in accordance with the age of fifty-one).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Each written diagnosis;

1. A report on internal investigation (verification of records of video records of damaged vehicles);

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site survey report, on-site photograph, photograph of an accident vehicle, report on the situation of a drinking driver, notification of the results of the drinking-driving control, making inquiries into the vehicle, mandatory insurance, to the extent that the motor vehicle is closed and photographed, and written estimate;

1. Relevant Article of the Act on Criminal Facts, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the driving of an uninsurance Vehicle, the choice of imprisonment), Article 148-2(3)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), and each specific crime.

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