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(영문) 인천지방법원 2020.06.11 2020고단974
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 November 22, 2019, the Defendant driven B K3 automobiles while under the influence of alcohol with a blood alcohol concentration of 0.120% on the roads of the Seoul outer cycle located in the Incheon Gyeyang, Seoul, at around 22:35.

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 B K3 automobiles

On November 22, 2019, the Defendant operated the said car on the Seoul Urban Highway located in Gyeyang-gu Incheon, Incheon, and continued to proceed from the front intersection to the front intersection.

There are four-lane roads in which the victim C(55 years old) driving car is proceeding in the front direction of the driving car of the defendant, so in such a case, the driver of the motor vehicle has a duty of care to look at the front right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant, while under the influence of alcohol level 0.120%, neglected to perform the above duty of care and was negligent in driving the Defendant’s vehicle by neglecting his duty of care, shocked the back part of the Defendant’s driver vehicle in front of the Defendant’s vehicle.

Ultimately, as seen above, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and inflicted injury on the victim C, such as salt, tensions, etc. of the c, and “F” as stated in the written indictment of the victim C, is deemed to be a clerical error, and thus, such correction is made as above.

A victim E (53 years old) who was accompanied by a driver car suffered injury, such as salt dump, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Report on the occurrence of a traffic accident and the actual investigation report on the traffic accident;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The user ledger of the measuring instruments for drinking;

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

1. Criminal facts;

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