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(영문) 인천지방법원 2021.03.31 2021고단1315
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On February 14, 2021, the Defendant driven the said car under the influence of alcohol level of 0.148% during blood transfusion around 18:20 on February 14, 2021, and driven the front road of Michuhol-gu Incheon Metropolitan City into the water breath of the shooting distance of the drawing elementary school using two lanes among four lanes in the direction.

In such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while under the influence of alcohol, and has a duty of care to safely drive a motor vehicle by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the said vehicle while making it difficult for the Defendant to drive the vehicle in a normal condition, and was driven by the victim D(49) who was standing in the front of the Defendant’s vehicle and was driving the vehicle in front of the Defendant’s vehicle, the lower part of the Eststren car was shocked by the Defendant’s vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim D and the victim F (the victim F (the victim F) about two weeks of light tensions and tensions, and the injury to the victim G (the victim G (the victim 49 years of age) about two weeks of tensions and tensions that require approximately two weeks of treatment.

2. Around 18:20 on February 14, 2021, the Defendant driven B rocketing car under the influence of alcohol concentration of approximately 0.148% from a section of approximately 1km from the front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the front of the Michuhol-gu, Michuhol-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, a survey report on actual condition, a statement of the circumstances of the driver of a driving school, and notification of the results of regulating drinking driving;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes

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