(영문) 인천지방법원 2020.03.13 2019고단8205

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(영문) 인천지방법원 2020.03.13 2019고단8205

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and 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

【Criminal Power】 On June 3, 2014, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at the Incheon District Court’s Branch Branch.

【Criminal Facts】

1. The Defendant is a person engaging in driving a two-wheeled motor vehicle that violates the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On September 19, 2019, at around 00:35, the Defendant, while under the influence of alcohol at 0.189% of the blood alcohol concentration, proceeded toward the direction of the original death distance from the backside of the backside while the road of 121 white-gu, Incheon, Bupyeong-gu, Incheon.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while complying with the signal.

Nevertheless, the Defendant neglected this and went to the left in accordance with normal signals at the time, and received the front wheel part of the victim C (Nam, 59 years old)'s driving, which was going to the left in accordance with normal signals in the part facing the red fluor, as the front wheel part of the Defendant's vehicle.

Ultimately, the Defendant driving the said two-wheeled vehicle under the influence of drinking, and suffered injury to the victim E (E) and the victim E (E) who was on the said taxi due to the influence of alcohol for about two weeks.

2. The Defendant was driving a two-wheeled vehicle under the influence of 0.189% of blood alcohol concentration on a section of about 500 meters from the road near the Incheon Bupyeong-gu Mandong to the place indicated in paragraph (1) of the Road Traffic Act at the time and time set forth in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Each written diagnosis;

1. A photograph of each accident site;

1. The criminal records as indicated in the judgment:

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-인천지방법원 2013.12.23 2013고단6785

-인천지방법원 2019.09.18 2019고단4942

-인천지방법원 2013.02.06 2012고단6714