logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.09.05 2019고단5261
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. Around 17:35 July 28, 2019, the Defendant driving a vehicle CK9 vehicle while under the influence of alcohol 0.172% of blood alcohol concentration from the street in front of the Nam-dong, Nam-gu, Incheon, Seopo-dong, Seopo-gu to the front of the same Gu.

2. The defendant is a person engaged in driving a motor vehicle as set forth in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes.

The Defendant, as described in paragraph (1), driven the said car while under the influence of alcohol level of 0.172% in a state of normal driving due to the influence of alcohol level of 0.172% as stated in paragraph (1) at a speed of about 30 km per hour in the direction of south-gu Incheon Metropolitan City, along with four-lanes in the direction of south-gu, Nam-gu, Incheon.

At the time, the defendant's driving vehicle was stopped before the victim F (W, 45 years old)'s G New-Woon-Wood car due to the signal signal atmosphere, and thus, the driver of the motor vehicle had a duty of care to operate the brake by operating the brake in a safe way by checking the front side well.

Nevertheless, while proceeding as it is, the Defendant: (a) concealed the backer of the victim F’s vehicle; and (b) sustained injury to the victim H (V, 21 years of age) who is the victim F and the same passenger; and (c) sustained around two weeks of light chills, tensions, etc., for which treatment is required.

Accordingly, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of two victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

arrow