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(영문) 인천지방법원 2020.10.22 2020고단6266
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 D Driving) led the Defendant to drive the said vehicle while under the influence of alcohol at around 01:43 on June 21, 2020, and drive the said vehicle at a level of 0.104% of blood alcohol level, thereby driving the said vehicle at approximately 60km in the direction of active service in the direction of E from the direction of E.

Since there was an intersection where signal lights are installed, the driver of the motor vehicle had a duty of care to live well on the right and the right of the driver of the motor vehicle and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left and went to the left at the right-hand turn on the road facing the intersection by negligence that is left at the right-hand turn, and the victim F (V) who was driven by the victim F (V, 52 years old), followed the right-hand edge of the Gststy Gun, and shocked the pent part into the front part of the Defendant vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim F, such as salt, tensions, etc., of the trend that requires a medical treatment for about two weeks, and the Defendant suffered injury to H (V, South, 39 years old) who is the passenger of the damaged vehicle, for about two weeks.

2. Around 01:43 on June 21, 2020, the Defendant driving a B-low-income vehicle under the influence of alcohol with approximately 10km from the section of about 10km of alcohol level from the 10km to the roads in front of the Incheon Southern-dong C apartment Ddong, Seoul, while under the influence of alcohol level of 0.104%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. A written diagnosis by the police of the victims;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(3) of the Road Traffic Act concerning criminal facts.

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