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(영문) 인천지방법원 부천지원 2019.06.25 2019고단1185
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person engaged in driving a B-to-pur vehicle.

1. Around 04:05 on March 6, 2019, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.147% from the road located in the Seocheon-si Station, Seocheon-si to the front road in the Seocheon-si, Seocheon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the vehicle above the temporary border as set forth in paragraph (1) and drive the front road of Seocheon-si, Seocheon-si C with approximately 40km per hour between two lanes in the direction of Do road in the direction of Do road in the direction of Do road while under the influence of alcohol concentration of 0.147%.

At night, there is a vehicle stopping in the atmosphere prior to entry into the intersection where signal lights are installed, so in such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and he has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and accurately.

Nevertheless, the Defendant neglected this and neglected to drive normally at the right time due to influence of drinking, and neglected to do so, due to his occupational negligence, and neglected to perform his duty of care at the right time in the front of the driving direction of the Defendant, and received the part of the Defendant’s vehicle after driving the victim D (the age of 67) who was under the traffic waiting at the front of the traffic direction, and received the part of the Defendant’s vehicle in front of the vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer bodily injury, such as light salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The ledger of measuring instruments used;

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