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(영문) 인천지방법원 부천지원 2019.06.11 2019고단852
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 engaged in driving a B K5

On March 5, 2019, at around 22:07, the Defendant driven the said car while under the influence of alcohol of 0.142%, and led the Defendant to turn to the left from the side of the D secondary school, the intersection in front of the Nowon-gu Seoul Special Metropolitan City of Gyeonggi-do of the game.

At the time, the passage of pedestrians at night is frequent, and in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a pedestrian by properly examining the front side and the right and the right of the motor vehicle and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to find out the victim F (the age of 17) who was walking alone due to the negligence in the course of duty, as long as it is difficult to drive normally due to the influence of drinking, such as a red, red, and walking, etc., due to the influence of drinking, and caused the Defendant to go beyond the victim's right right side side with the part of the driver's vehicle in front of the driver's vehicle, and led to both of the victims facing the driver's vehicle.

결국 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 위와 같은 업무상 과실로 피해자에게 약 3주간의 치료를 요하는 양측 발목 및 발 부분의 으깸손상 등을 입게 하였다.

2. Around March 22, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven BK-5 cars at a section of approximately approximately 150 meters from 150 meters from Hacheon-si G to the front intersection of the same Gu while under the influence of alcohol by 0.142% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Application of the Acts and subordinate statutes on photographs, medical certificates, accident video CDs;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.

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