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(영문) 인천지방법원 2021.01.29 2020고단8193
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. The Defendant is a person engaging in driving a vehicle B in a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 25, 2020, the Defendant driven the said car under the influence of alcohol content of 0.185% during blood transfusion around 18:30 on August 25, 2020, and was under the left turn to the left at the D level in front of Incheon Bupyeong-gu apartment C, Incheon.

Since there is a road where a central line is installed, it has a duty of care to ensure that a person engaged in driving service should not drink alcohol and pass along the right side of the central line in normal state, and that the central line should not be invaded.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and got off the center line due to the negligence of the left-hand turn, and got off the part of the F-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant was on board the victim E by occupational negligence in the status of being unable to drive normally due to the influence of alcohol, and was on board the said vehicle with the victim E by the foregoing occupational negligence.

G (n, 46 years old) suffered injury to sugar, etc. in which there are no two colonies in each of three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car under the influence of alcohol with about 0.185% alcohol concentration from a section of about 900 meters from the framework of the H apartment house in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to the first road of the Incheon Bupyeong-gu, the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A report on the occurrence of a traffic accident and a report on the actual condition investigation, respectively;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

1. Relevant legal provisions concerning criminal facts: Article 5-11(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(3) of the Road Traffic Act.

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