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(영문) 인천지방법원 2019.06.14 2019고단1717
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a vehicle B C.

On January 12, 2019, at around 05:23, the Defendant driven the said car while under the influence of influence of blood alcohol concentration, and led the Defendant to proceed along the first line in the direction of a small distance distance from the direction of a small distance of a road of five lanes in front of the building Nam-gu, Incheon Metropolitan City.

A person engaged in driving business shall not drive in a state where normal driving is difficult due to influence of drinking, and due to the night at that time, there was a duty of care to reduce speed to a person engaged in driving business and maintain a safe distance from the front side to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(the age of 57) who was parked in the front part of the said car due to negligence while neglecting the front time of the car, and was driven by the victim D(the age of 57) who was parked in the front part of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as dump, tension, etc. in need of approximately three weeks of medical treatment to the victim D.

2. Violation of the Road Traffic Act (Refusal of measurement) was demanded by the Defendant to comply with the measurement of drinking alcohol in a manner of inserting the whole breath of a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, snicking, walking, etc. from the border of the Gyeongnam Police Station F of the Incheon Southernnam Police Station, who was dispatched to the scene after receiving a report of a traffic accident, due to the notification of a traffic accident.

그럼에도 피고인은 입김을 불어 넣는 시늉만 하다가 위 G로부터 재차 음주측정을 요구 받자 “아 힘들어서 못 불겠다”, "나 안해...

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