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(영문) 인천지방법원 2020.01.22 2019고단8403
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

Punishment of the crime

On May 30, 2007, the defendant was issued a summary order of a fine of three million won due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving) in the Busan District Court's Branch Branch.

On August 14, 2019, around 21:30 on August 21, 2019, the Defendant driven Cenz car under the influence of alcohol concentration of 0.204% in front of the parking lot for the Michuhol-gu Incheon building B, and proceeded from the d Incheon Branch to the d Incheon Branch.

At the time, the Defendant was in a state of difficulty in normal driving due to the influence of drinking, such as blood color, red and irregular distance, under the influence of alcohol, at the time of alcohol leveling to 0.204%.

Nevertheless, at the above date, at the above place, the Defendant, while driving the said car in a situation where it is difficult to drive the car normally due to influence of alcohol as above, sustained injury, such as salt, tension, etc., by the victim E (Nam, 69 years old) who was driving at the seat of the D Incheon point from the shooting distance of the building B, due to the central line, and driven by the victim E (Seoul, the age 69). The Defendant suffered injury to the victim G (Seoul, the age 56 years old) who was on the said taxi, such as salt, tension, etc. in need of treatment for about two weeks.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice and caused the injury of people by driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Each written diagnosis;

1. Previous record: Application of a copy of criminal records and summary order;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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