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(영문) 인천지방법원 2020.07.22 2020고단3426
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car

On January 29, 2020, at around 08:20, the Defendant driven a car under the influence of alcohol, which is 0.158% of blood alcohol concentration, and transferred it bypass from the C Apartment-gu, Gyeyang-gu, Incheon, Gyeyang-gu, to the D elementary bank.

The defendant shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and in the case of the right-hand through the intersection, the defendant has a duty of care to safely proceed along the right-hand side of the road and prevent the accident.

Nevertheless, the Defendant was negligent in driving under the influence of alcohol level of 0.158% while driving while driving, and the Defendant was negligent in driving on the right right-hand side of the FST5 car, which the victim E (the age of 37) driven by the left-hand turn to the right-hand side of the Defendant’s vehicle, in accordance with the front line of the DF-5 car, from the front side of the CF-5 car to the lower-hand side of the Defendant’s vehicle.

The Defendant, by such occupational negligence, suffered injury to victims E, such as scopical salt, etc., and acute reaction, etc. due to stress requiring approximately two weeks of medical treatment, to G (5 years of age) who is the passenger of the victimized vehicle.

2. On December 8, 2015, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to the crime of violating the Road Traffic Act.

The Defendant driven B rocketing car while under the influence of alcohol, which is 0.158% of blood alcohol level, from the Do in front of the Central Station in Ansan-si to the place of the said accident, at the 75 km distance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Each written diagnosis of the circumstantial statement of a host driver;

1. A previous record of judgment: A criminal record and other inquiry report;

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