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(영문) 인천지방법원 부천지원 2019.06.19 2019고단981
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 motor vehicles B.

At around 23:55 on January 23, 2019, the Defendant driven the said car and driven the road at a point of 88.7 km Seoul, the outer cycle Highway, which is located in the air route in Seocheon-gu, Seocheon-gu, Seocheon-si, with a blood alcohol concentration of 0.117%, led to the flow along the transmission direction from the upper intersection at an insular speed.

At the time of night, in such a case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle through thorough performance of the duty of care.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 36) who was driven by the victim C(the age of 36) due to the negligence while neglecting this, and received the part of the crime behind the car in front of the driver car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the victim E(the age of 31) who was on board the horse in need of treatment for about two weeks, such as salt dynasium and tension, and suffered injury to the victim E(the age of 31) who was on board the horse in need of treatment for about two weeks.

2. On the same date as stated in paragraph (1) of the Road Traffic Act, the Defendant was driving a motor vehicle on the test while under the influence of alcohol level of about 0.117% from the 3km section from the front of the Seocheon-si Station to the road of the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Report on the actual state of a drinking driver, report on the control of drinking driving, and report on the actual state of a drinking driver;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Act on March 27, 2018.

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