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(영문) 인천지방법원 부천지원 2019.10.10 2019고단2263
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed 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 (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B quota green vehicle;

On June 29, 2019, the Defendant driven the said car while under the influence of alcohol of 0.191% of blood alcohol concentration 0.23:01, and led the Defendant to drive the said car along four-lanes of the 83-lane elbow village distance from the direction of prudentison to the direction of Chuncheon.

At all times, since the car stops in the signal atmosphere by the victim C's driver, the driver of the vehicle has a duty of care to properly see the front door and accurately manipulate the steering and brake system, and prevent the accident from being delayed.

Nevertheless, the Defendant’s negligence of driving the victim’s vehicle due to the influence of drinking, while neglecting the normal driving due to the above influence of drinking, led the victim’s vehicle and the part behind the victim’s vehicle was shocked by the Defendant’s vehicle.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as light salt, which requires about two weeks of treatment to the victim.

2. Around 22:56 on June 29, 2019, the Defendant driven a equitable motor vehicle from the front side of Seocheon-si, Seocheon-si to the front side of the 83 elbel village street, in a state of alcohol with a blood alcohol concentration of 0.191%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A medical certificate;

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

1. Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be applicable to the relevant criminal facts, the choice of punishment, etc.

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