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(영문) 인천지방법원 부천지원 2019.05.23 2019고단448
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed 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 resulting from Dangerous Driving) is a person engaged in driving BMW automobiles;

On January 17, 2019, at around 05:00, the Defendant driven the said car while under the influence of alcohol of 0.132% of the blood alcohol concentration, and led the 313 new celeblance distance from the Seoul direction to the Kimpo-si, Kimpo-si.

Since the place is in front of the intersection where a signal apparatus is installed, the driver of the motor vehicle is not able to drive the motor vehicle while normal driving is difficult due to the influence of drinking, and the driver of the motor vehicle has the duty of care to report the traffic situation well, to operate the steering and brakes accurately, and to prevent the accident by safely operating the steering and brakes.

Nevertheless, the Defendant neglected to drive a dump truck in a state where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and the victim C (the age of 45) who was driving in the signal atmosphere was shocked by the front driver of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.132% at the section of about 30km from the Hando basin in Yeongdeungpo-gu Seoul to the place where the accident described in paragraph (1) was occurred, at the time and time set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each report on internal investigation (the CCTV-cape photograph and the victim C telephone call);

1. The actual condition of traffic accidents;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 of the Road Traffic Act concerning the crime and the choice of punishment;

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