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(영문) 인천지방법원 2019.11.27 2019고단7021
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 with B knife in violation of the Aggravated Punishment, etc. of Specific Crimes.

On September 11, 2019, at around 03:10, the Defendant driven the above mix while under the influence of alcohol with 0.138% of blood alcohol level, and the Defendant proceeded two-lanes in front of the Incheon Southern-gu, Incheon Metropolitan City, with four-lanes of the marblance distance from the D market room to the marblance distance.

At the same time, there are many traffic of vehicles at this time, and in such cases, the driver has a duty of care to live well in the front, maintain the proper distance between the front and the front, and to prevent the accident by manipulating the steering direction and the brakes in a timely manner.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (V) who was waiting to turn to the left at the right edge of the Defendant’s proceeding due to negligence while neglecting this, and was driven by the victim E (FK5 si aged 58) in front of the Defendant’s seat.

Ultimately, the Defendant driving the said van in a state where it is difficult to drive it normally due to influence of drinking, suffered injury to the victim E, such as dump, tension, etc. in need of treatment for about two weeks, and at the same time, suffered injury to the victim G (ma, 55 years old) who was accompanied by approximately two weeks of cump, tension, etc. in need of treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a Bknife vehicle while under the influence of alcohol leveling 0.138% from the 5km section of approximately 5km to the roads near the Seo-gu Incheon Seo-dong, Seo-gu, Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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