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(영문) 인천지방법원 2020.08.12 2020고단5202
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles

On May 19, 2020, at around 07:11, the Defendant driven the front road of Michuhol-gu Incheon Metropolitan City C along the two-lanes from the sular distance to the sular distance, while under the influence of alcohol, the blood alcohol concentration of 0.198%.

Since there are other vehicles in operation, the defendant had a duty of care to live well in the front left and prevent the accident by changing the way safely.

Nevertheless, the Defendant, while under the influence of alcohol such as a string, fluor of a non-ranged and long-ranged, fluor of a road, caused the change of course to the right-hand side in violation of occupational duty while driving a motor vehicle by the victim E(34 years old) who stopped on the same direction two-lanes of the road, followed the driver to the right-hand side of the motor vehicle by the front left-hand part of the Defendant’s vehicle.

Ultimately, the Defendant driving a car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E, such as a warning sign, disability, etc. requiring a three-day medical treatment, and the victim G (31 years of age) who is the passenger of the damaged vehicle, for about three-day medical treatment, respectively.

2. On February 1, 2008, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on October 14, 2008 to a fine of KRW 2 million due to the same crime.

The Defendant, at the time and time from Michuhol-gu Incheon Metropolitan City H to the front roads of D located in the same Gu C, driven a BM5 car under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.198%.

Summary of Evidence

1. A written statement prepared by the police G of the defendant's legal statement E;

1. The circumstantial statement of the employee;

1. Each traffic accident report;

1. A previous record of judgment: A criminal record and other inquiry report;

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