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(영문) 인천지방법원 2021.01.21 2020고단6363
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car with B low-priced other car.

On June 18, 2020, at around 11:30, the Defendant proceeded at a speed below the speed of 322 of the city, depending on the four-lane between the 4-lanes of the city and the 4-lanes of the city.

Since a crosswalk is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a road by reducing speed and properly seeing the right and the right and the right of the motor vehicle, and to accurately operate the operation and the steering gear, and prevent the accident from occurring.

Nevertheless, due to the negligence that the Defendant was unable to operate the brake system accurately under the influence of alcohol, the Defendant got from the right side of the Defendant on the right side of the Defendant, to the left side of the bicycle-only road to the left side of the bicycle-only road, and received the bicycle-only part of the victim C ( South, 73 years old) driving.

Ultimately, the Defendant suffered injury to the victim, such as finite finites that need to be treated for about two weeks due to the above occupational negligence.

2. On June 18, 2020, the Defendant driven a vehicle with B low alcohol level of 0.084% under the influence of alcohol level from the 2km section of approximately 2km to the road located in the 120-ro 322 from the 11:30 U.S. Soon, Incheon Mudo-ro, Mudo-ro, Incheon, U.S., to the roads located in the 322-ro Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental occupation, the choice of imprisonment without prison labor), and Road Traffic Act.

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