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(영문) 인천지방법원 2020.07.22 2020고단4049
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving a motor vehicle B while driving the motor vehicle B.

On April 22, 2020, the Defendant driven the above passenger car with a blood alcohol concentration of 0.165% around 21:30, while under the influence of alcohol, and led to the flow of a shooting distance of 210, South-Dong-dong, Incheon, Nam-gu, Incheon, along the two-lanes between the two-lanes.

In this case, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and neglected to 0.165% of blood alcohol content, and received the rear part of the victim C(Seoul, South and 49 years old)'s Don-si driving that was parked in the signal signal line from the front direction of the above Don-si while driving while making it difficult to drive the vehicle normally due to the influence of drinking, such as influoring a little fluoring on the face, etc., and neglecting to drive the vehicle normally due to influence of drinking.

After all, the Defendant driven the above van while it is difficult to drive it normally due to the influence of drinking, and suffered injury such as brain-dead, etc. which requires treatment for about three weeks to the victim.

2. Around 21:30 on April 22, 2020, the Defendant was driving a balp vehicle B while under the influence of alcohol content of about 0.165% at the 1km section from the front of the Nam-gu Incheon Metropolitan City E-do to the front of the same Gu F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of the crackdown on drinking driving, report on the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. The application of the law of the medical certificate.

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