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(영문) 인천지방법원 부천지원 2019.05.10 2019고단251
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaged in driving a passenger car B.

On January 11, 2019, the Defendant proceeded with 106, Jincheon-si, Seocheon-do, 106, and the road in front of the roadside distance from the middle-dong shooting distance to the tent gymnasium.

A person who is engaged in driving of a motor vehicle has a duty of care to see the front left and to accurately operate the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driving by the victim C (the age of 66) who was in the atmosphere of traffic at the front of the Drop vehicle, was able to use the back part of the Drop vehicle as the front part of the Drop vehicle in front of the Aropian 4 vehicle, and due to the shock, the said Russ vehicle was pushed in the future, and the back part of the F QM5 vehicle driven by E, which was under the atmosphere, was said to be the front part of the Russ vehicle.

Ultimately, the Defendant, as seen above, driven the said Aridia4 car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. On the date and time set forth in paragraph 1, the Defendant driven a vehicle B Uidi4 while under the influence of alcohol leveling 0.156% from a section of approximately 2 km to a 106-distance from the road near the Round-dong of Busan City to the direction of Seocheon-si and the front road of the road route.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of the occurrence of E traffic accident;

1. Report on the statement of the situation of a drinking driver, report on the results of the control of drinking driving, and report on the actual condition of a drinking driver (1) (2);

1. Application of Acts and subordinate statutes to accident-related photographs, images and accident images prior to accident, and diagnostic certificates;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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