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(영문) 인천지방법원 2020.09.23 2020고단4459
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B or C.

1. Around 00:42 on April 19, 2020, the Defendant driven the said car within the two kilometers of approximately two kilometers from the Do near the Namdong-gu Incheon Metropolitan City to the road located in 729 South-dong-gu Incheon Metropolitan City under the influence of alcohol concentration of 0.150%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol as above, and the Defendant was driving the said car at a speed of 729 lanes from the long-distance protection area of the street hospital in the south-gu Incheon Metropolitan City, Nam-gu to the flow of the road at the speed of 5 lanes, which cannot be known depending on the flow of the five-lanes.

At night, there was a duty of care to ensure the safe operation of the vehicle by thoroughly operating the steering gear and accurately operating the steering gear on the front side as a person engaged in driving of the vehicle at night.

Nevertheless, the Defendant neglected to stop and proceed directly as is, and was driven by the victim D (Nam, 55 years old) who was standing in the signal waiting at the front of the vehicle, and was driven by the Defendant as the front part of the vehicle.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim D, such as fluoral salt in need of treatment for about two weeks, and suffered injury on the victim F (V, 36 years of age) who was on board the damaged vehicle, such as fluoral salt, tension, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents in the police statements made to D and F, investigation report, investigation report (report on the circumstances of a host driver), report on detection of a host driver, and on-site photographs;

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

1. Criminal facts;

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