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(영문) 인천지방법원 2020.09.23 2020고단5440
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Reasons

Punishment of the crime

1. Around May 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving CK5 cars while under the influence of alcohol at the intersection of the shooting distance in front of Gyeyang Incheon Gyeyang-gu, Incheon, the blood alcohol concentration of which is 0.182%, and led it to the direction of D cafeteria from the direction of the campaign office.

Since there is a long distance intersection where the passage of a vehicle is frequent, the defendant had a duty of care to look at the front left, and to operate the steering system accurately, and to operate it safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at the direction of the sports office in the direction of the Mad Do restaurant, was driven by the victim E(the age of 48) with the front part of the vehicle driving ahead of the left part of the F Tla XG car driving by the Defendant.

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injuries such as climatic salt and tensions that require two-day medical treatment to the victim G (the age of 42) who is the passenger of the victim E and the damaged vehicle.

2. On July 24, 2006, the Defendant was given a summary order of KRW 700,000 as a fine for the violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on July 24, 2006.

The Defendant, at the time of navigation in Gyeyang-gu, Incheon Metropolitan City from the operation Dong to the front road of the Gu, driven C K5 cars while under the influence of alcohol, which is about 0.182% of blood alcohol concentration in approximately 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement prepared by G;

1. The actual survey report on traffic accidents;

1. Each written diagnosis of the circumstantial statement of a host driver;

1. Previous records of judgment: Application of one copy of inquiry report, investigation report (report on confirmation of the same kind of force), and summary order, including criminal records;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Road Traffic Act concerning the crime committed.

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