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(영문) 인천지방법원 2020.05.07 2020고단232
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2009, the defendant was issued a summary order of a fine of one million won by the Incheon District Court for a violation of the Road Traffic Act.

On December 4, 2019, the Defendant was under the influence of alcohol level of 0.248% on blood alcohol level around 12:58 on December 4, 2019, and was driving CMW car on the street in front of the Incheon Bupyeong-gu B building and leading to the front of the D building in front of the same Gu, and the Defendant was driving the CMW car in front of the same Gu, one of the two laness of the two laness of the two lanes, as the long-distance long-distance long-distance distance from

Since there are many places in which the traffic of ordinary vehicles is high, there was a duty of care to prevent accidents in advance by driving safely, such as reducing the speed of a person engaged in driving a motor vehicle and driving a motor vehicle well.

Furthermore, the Defendant was in an inaccurate and inaccurate state of face with the wind that mash and drive a large quantity of the immediately preceding accident, and a large distance of vision was difficult to drive normally due to the influence of drinking, such as the state of walking.

Nevertheless, the Defendant neglected this and failed to discover the FM7 car in front of the victim E(the age of 35) driving while driving the said car due to negligence, and without finding the FM7 car at the victim E(the age of 35) driving in the front direction of the horse, and received the back part of the said MF7 car.

In this way, the Defendant got injured by the victim E and the victim G (the age of 29) who was on board the said SM7 car due to the above occupational negligence and suffered from the injury of the crypitis, etc. requiring treatment for about two weeks, respectively, and driven at least two times while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

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

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

1. Application of Acts and subordinate statutes to a written diagnosis, written diagnosis, and written estimate;

1. Each of the former specific crimes provided for in the relevant laws regarding criminal facts.

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