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(영문) 인천지방법원 2020.08.19 2020고단4281
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B.

On April 23, 2020, the Defendant driven the above car on April 23, 2020, and proceeded along the four-lane road of the traffic broadcast distance in Michuhol-gu Incheon Metropolitan City, Incheon, along the 247-lane of the traffic broadcast, from the lugjin-gun, Cheongjin-gun, Incheon, along the three-lane of the road.

At the time, there was a signal at night and at the front time, so it was confirmed whether a vehicle engaged in driving of a motor vehicle has a duty of care to reduce the speed and to check well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant classified the blood alcohol concentration of 0.116% into a breath alcohol level, and the face color is scarbing so that normal driving is difficult due to influence of drinking, and the Defendant was negligent in disregarding the vehicle stop signal and in violation of the signal, and carried out directly from the right side of the Defendant’s proceeding to the left side of the Defendant’s vehicle by the victim C (53 years of age) who was driving on the 2nd side of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the said victim, such as light fluoral and fluoral fluorals requiring treatment for about two weeks, and injury to the victim E (V, 59 years old), who was on board the said damaged vehicle, requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the date and time set forth in paragraph 1, the Defendant driven the said BA4 vehicle while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.116% from the front of the education-oriented distance in Michuhol-gu Incheon Metropolitan City to the place set forth in paragraph 1.

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