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(영문) 인천지방법원 2019.07.03 2019고단2809
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) appears to be a clerical error in the indictment in around March 28, 2019.

In the front of the Michuhol-gu Incheon Metropolitan City, the driver's car was operated in order to drive the Crane car on the front of the B, and one lane between the 4-lane from the border distance to the jum.

The defendant engaged in driving motor vehicles has a duty of care to properly see the front side and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, while under the influence of alcohol level 0.131%, the Defendant was negligent in driving the victim D(55 years old) driving while neglecting the operation of the electric field and brakes in a state where normal operation is difficult, such as smelling in a fluent state of drinking, drinking, drinking, snow booming, snowing, etc. in a state where he was under the influence of alcohol level 0.131%, and caused injury to the victim F (68 years old) by neglecting the operation of the electric field and brakes of the victim D(5 years old) who stops in the front line of the signal line, leading the victim to the part behind the passenger vehicle in front of the said fluor, thereby leading the above victim to about two weeks of medical treatment.

2. On March 28, 2019, the “18:21” stated in the indictment appears to be a clerical error.

In the 5km section from the roads near the Nam-gu, Incheon to the front roads of Michuhol-gu, Incheon, the free-to-land motor vehicle was driven in the state of alcohol concentration of approximately 0.131%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

1. Violation of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving): Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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