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(영문) 인천지방법원 2020.01.15 2019고단8158
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

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On October 7, 2019, at around 23:59, the Defendant, while under the influence of alcohol level of 0.145%, driven a motor vehicle of soflurt, which was driven in front of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, with a blood alcohol level of 0.145%, led the Defendant to proceed from the area of Bupyeong-gu, Bupyeong-gu, Incheon to the area of the ordinary market

At night, there was a duty of care to prevent accidents by thoroughly operating a driver on the front side and accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected this and led to the negligence of driving the said vehicle under the influence of drinking, such as the distance in the shape of a speech and behavior, while under the influence of alcohol, and the Defendant’s failure to drive the said vehicle normally due to the influence of drinking, and the negligence of driving the said vehicle on the part of the victim D (ma, 48 years old) who was under normal operation at the front of the vehicle, followed the EM5 vehicle behind the Defendant’s vehicle in front of the vehicle.

In the end, the Defendant suffered from the victim F (V, 48 years of age) who was accompanied by the victim D and damaged vehicles due to the above occupational negligence, such as salt, tension, etc. in need of treatment for about two weeks.

2. On October 7, 2019, the Defendant, at around 23:59, driven a B-to-purd vehicle with a blood alcohol concentration of about 11 km from the 11km section from the 26 ambro-ro, Seo-gu, Incheon, Seo-gu, Incheon to the front road of the Bupyeong-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Violation of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes against the crime: The point of violation of the Road Traffic Act under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes:

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