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(영문) 인천지방법원 부천지원 2019.05.10 2019고단275
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. Around December 21, 2018, the Defendant violated the Road Traffic Act (driving) driving CMW car at a emulative B apartment parking lot in a emulative B apartment with a blood alcohol concentration of 0.133% under the influence of alcohol around 21:20.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving CMW automobiles

On December 15, 2018, the Defendant: (a) around 21:20 on December 15, 2018, while under the influence of alcohol concentration 0.13%, the state of walking is divided into several parts; (b) the state of walking is a little radius; and (c) the blood is difficult to drive normally due to the influence of drinking, such as a little red drinking, and (d) the Defendant driven the said vehicle and proceeds behind the B apartment underground parking lot.

A person engaged in the driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes prior to moving back, and to prevent accidents.

Nevertheless, the Defendant neglected to do so, and neglected to do so, brought the right side part of the victim D(W, 30 years old) driving EWz car, which was proceeding directly from the rear side of the Defendant’s car, into the front side of the Defendant’s car.

Ultimately, the Defendant, while driving under a difficult condition due to such influence of alcohol as above, sustained injury to the victim, such as salt, tensions, etc. in the clibage which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) concerning criminal facts, and Article 148-2(2) of the Road Traffic Act.

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