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(영문) 인천지방법원 2020.02.04 2019고단8203
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 September 20, 2019, the Defendant tried to drive a D low-speed car at a speed of about 30 km and turn to the left, while driving the D high-speed car at a speed of 0.14% due to the influence of drinking alcohol, which is difficult to drive normally due to the influence of alcohol, while driving the D high-speed car at the front of the Incheon Seo-gu Incheon Metropolitan City crosssection from the scopic distance room to the discharge area.

At the time, it is an intersection where the signs of the non-protection coordinate are installed at night and at this time, so in such a case, there was a duty of care to prevent accidents in advance by safely keeping the left-hand turn in a manner that does not obstruct the traffic of other vehicles driving service providers in the opposite lane.

Nevertheless, the Defendant, while under the influence of alcohol, did not properly go on the front side and did not check the right-hand turn on the opposite lane, received the FOba in the drive of E (the age of 48) from the front driver of the Defendant’s vehicle and had the victim go beyond the floor without confirming the right-hand turn on the opposite lane.

Ultimately, the Defendant driven a low-priced car in a situation where normal driving is difficult due to the influence of drinking as above, and suffered injury in need of approximately three weeks of medical treatment, such as brain-dead, etc. from the victim.

2. Around September 20, 2019, the Defendant was driving a motor vehicle at a level of approximately KRW 700m alcohol concentration of approximately 0.144% from the section of approximately 700m to the C front intersection located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu. On September 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report, a survey report on actual condition, an accident site photograph, a report on the actual condition of a drinking driver, and a report on the results of the drinking control;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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