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(영문) 인천지방법원 2019.06.26 2019고단2613
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 April 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with a low alcohol level of 0.135%, while under the influence of alcohol level 0.135% in front of the Incheon Dong-gu, Incheon, while driving a motor vehicle with a low alcohol level of 0.20% in the direction of the talent large three-distance, leading to an ins

At that time, the center line of yellow solid lines is installed in the center of the road, and the “H” in the indictment of the victim D(28 years of age) E in the same lane appears to be the clerical error in the “E”.

(Evidence No. 12) C. H. L. L. is driving a car in the direction of talented T. T. T. H. in the direction of the opposite direction. In such a case, the driver of the motor vehicle had a duty of care to safely drive the brakes by properly operating the brakes while keeping the front door well.

Nevertheless, the Defendant was negligent in driving while driving in a while under the influence of alcohol, and was negligent in breaking the central line, and received the front part of the damaged vehicle in the front part of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as light fluoral salt, etc. which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a motor vehicle with Cromatic alcohol concentration of about 0.135% in the section of approximately 1k from the front of the “G” in the Michuhol-gu Incheon Metropolitan City F to the front of the Incheon Dong-gu, Incheon, with the date and time set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The circumstantial statement of the employee;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the option of punishment;

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