logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.11.25 2020고단1586
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 service of freight B 2 freight vehicles;

On October 2, 2019, at around 22:41, the Defendant driven the above cargo while under the influence of alcohol with 0.185% of alcohol level 0.185%, and proceeded with the side road located at 106-ro 106-o, Seocheon-si, Seocheon-si, and became bypass from C to the fire station.

Since there is a side road, there was a duty of care to reduce speed and prevent accidents in advance by properly examining the left and right of the person engaged in the driving of motor vehicles.

Nevertheless, under the influence of alcohol, the Defendant failed to avoid the DA5 car parked in front of the moving direction of the Defendant’s vehicle due to negligence prior to the bypassing, while being negligent in the string of red and walking, and did not receive the back part of the above MF5 car as the front part of the Defendant’s driving freight vehicle. While the above MF5 car is being pushed in the future, the Defendant got the left side of the victim E (ma, 39 years old) (ma, 39 years old) who was driving in front of the above MF5 car.

As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, caused the victim to suffer injury such as the left-hand part and slot salt, etc. requiring medical treatment for about 15 days.

2. The Defendant violated the Road Traffic Act (driving) driving the B Poter 2 truck under the influence of alcohol with the blood alcohol concentration of 0.185% at the time and place specified in paragraph (1).

Summary of Evidence

1. The written statement prepared by the police of the defendant's legal statement E, the investigation report on the actual condition of the police's statement, the notification of the results of the drinking driving control, the examination report on the state of the drinking driver, the on-site photograph and the application of

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment was made (amended by Act No. 16922 of Feb. 4, 2020).

arrow