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(영문) 인천지방법원 2019.02.22 2018고단8091
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a Bsch Rexroth car.

On October 28, 2018, the Defendant driven the said vehicle at a speed of 0.144% alcohol level on blood alcohol level on October 28, 2018, and proceeded at a speed of about 40km per hour at a speed of 40km, depending on one lane from the side of the air-conditioning room in Incheon Bupyeong-gu.

In this case, the driver of the vehicle has a duty of care to maintain the distance from the front vehicle by properly operating the steering direction and brake system of the vehicle and to prevent the accident in advance by safely operating the vehicle.

Nevertheless, the Defendant neglected this, while driving a motor vehicle while under the influence of alcohol to the extent that pedestrians can rhythm and raid the horses, led to the failure to drive the motor vehicle before the same lane, and the victim C(55 years old) who is signaled and stopped, followed the motor vehicle by the driver in front of the motor vehicle of the Defendant.

As a result, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim, for about three weeks of treatment.

2. Violation of the Road Traffic Act (driving a sound driving) was driven by the Defendant in the state of alcohol of approximately 3 km from the 3km section of approximately 0.144% of blood alcohol concentration, from the roads near the Northern Postal Office located in 1373 to the opening distance as set forth in paragraph 1, at the same time in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each investigation report shall include the situation report of the driver and the victim C treatment details.

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