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(영문) 인천지방법원 2019.01.17 2018고단8252
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From November 2, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the CK5 car in a state that it is difficult to drive normally due to the influence of drinking alcohol leveling 0.181% of the roads in front of the Nam-gu Incheon Metropolitan City, Namdong-gu, Incheon, while driving the CK5 car at the seat of the Southern East-dong Industrial Complex, and driving it at a speed of about 60km of speed depending on one way among the three-lanes at the entrance of the Southern East-dong Industrial Complex.

Since there is a center line of yellow solid lines at the center of the road, in such a case, the driver of the vehicle has a duty of care to safely drive the motor vehicle along the lane with the right side of the center line.

Nevertheless, the Defendant, while drunkly driving, neglected to perform the duty at front of the passenger vehicle while driving, and was parked in three lanes from the opposite direction due to the negligence of the centering the center line, with the victim D(the age of 45) aboard the three-lanes, received the front part of the E-Poter 2 cargo vehicle in front of the passenger vehicle.

As a result, the Defendant was able to drive a car in a state where it is difficult to drive the car normally due to the influence of drinking, and the Defendant suffered from the injury of the victim, such as cutting off three cages that require approximately four weeks of medical treatment.

2. Around 03:10 on November 2, 2018, the Defendant was driving C 5 cars while under the influence of alcohol with a blood alcohol concentration of about 0.181% from the 3km section from the Nam-gu, Incheon Metropolitan City to the place indicated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written report from an employee of an employer;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning the crime;

1. The Criminal Act among concurrent crimes.

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