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(영문) 인천지방법원 2019.09.19 2019고단4945
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. On June 24, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven B K5 car with blood alcohol concentration of 0.148%, while under the influence of alcohol around 04:40 on June 24, 2019, and led to a right-hand transfer from the surface of the Seo-gu Incheon Metropolitan City road to the flow-off distance from the d bank

Since the passage of a vehicle is frequent at the same time, a person engaged in driving duty shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, and when he/she drives a motor vehicle, he/she has a duty of care to check the safety of the course by checking well the right and the right of the rear and the right and the right of the motor vehicle.

The Defendant was under the influence of alcohol and was under the influence of the Defendant’s vehicle behind the Defendant’s vehicle due to the negligence of the Defendant’s own moving ahead of the bypass while he was under the influence of alcohol.

As above, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E, such as a satise, which does not have any satise in two open places where treatment is required for two weeks, and the victim G (ma, 52 years old) who is the seat of the damaged vehicle, suffered injury, such as a satise, tension, etc. for two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol concentration of approximately 850 meters from the Seo-gu Incheon H Park to the roads adjacent to the Seo-gu Incheon, Seo-gu, Incheon, the Defendant driven the B K5 vehicle under the influence of alcohol concentration of about 0.148%

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Statement to E by the police;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and Article 16037 of the former Road Traffic Act as to the crime.

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