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(영문) 인천지방법원 부천지원 2019.10.17 2019고단2315
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a Grandroth in B.

On June 8, 2019, the Defendant driven the above van at around 23:10, while driving the van, the Defendant passed along the four-lanes of the five-lane road in the direction of the city in the direction of the city in the direction of the city in the long distance.

At that time, since there was a night, there was a duty of care to observe traffic regulations for those engaged in driving business, and to prevent accidents by closely examining the front and rear left.

Nevertheless, the Defendant, under the influence of alcohol level of 0.142%, was unable to drive in a normal condition while driving the said van, and the Defendant did not look at the front line properly, thereby causing injury to the victim D (Nam, 39 years old) who was waiting in the front line, by an occupational negligence, discovered the said benz car at a late time, resulting in the Defendant’s benz car on the said benz car on the said bench-lane, and suffered injury to the victim due to the shock, such as cend salt, tension, etc. for about two weeks in need of treatment.

2. On June 8, 2019, the Defendant driven a Grand Sheet under the influence of alcohol with approximately 0.142% of alcohol concentration in the section of approximately 200 meters from the rush Station to the front road of the same city from the rush Station around 23:10 on June 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. A investigation report (verification of images by cutting offCCTV);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and each imprisonment with prison labor.

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