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(영문) 인천지방법원 2019.10.23 2019고단5293
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On January 18, 2010, the Defendant was issued a summary order of a fine of KRW 3 million for the violation of the Road Traffic Act, etc. in the Busan District Court’s Busan District Court’s Branch Branch.

The defendant is a person who is engaged in driving a rocketing car.

1. On June 25, 2019, at around 19:18, the Defendant driven the said rocketing car with a blood alcohol concentration of about 0.152% in the section of about 3km from the front of the Aarging Park in Gyeyang-gu Incheon to the Gyeyang-ro 143-ro 25, Danam-ro 143-ro.

2. On June 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said rocketing car with a blood alcohol concentration of 0.152% at around 19:18, and led the Defendant to proceed to the south of the walk from the walthm on the side of the walton-ro of Incheon Gyeyang-ro 143-ro 25, one lane in front of the walton-ro 143-ro, Incheon Gyeyang-ro.

Since there is a road where a signal light is installed, the driver of the vehicle has a duty of care to live well before and after the vehicle, to accurately operate the steering gear and brake system of the vehicle, and to prevent the accident in advance by observing the signal.

Nevertheless, due to the above influence of alcohol, the Defendant was negligent in driving under the situation where normal driving is difficult due to and without neglecting it, and was negligent in driving under the influence of the Defendant’s vehicle, and the Defendant was the victim C (the 28-year-old age) who was standing the crosswalk.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the closure of the 6th part of the T6th part, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Previous records of judgment: Criminal records, etc.;

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