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(영문) 인천지방법원 2020.06.24 2020고단2453
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

【Criminal Power】 On January 22, 2018, the Defendant received a summary order of KRW 4 million from the Incheon District Court due to a violation of the Road Traffic Act.

【Criminal Records】

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 cars B QM3.

On February 7, 2020, the Defendant driven the said car under the influence of alcohol level of 0.097% on blood alcohol level around 04:30 on February 7, 2020, and led the front distance of the D Middle School in Michuhol-gu Incheon to the E Middle School from the narrow distance.

Since a vehicle signal, etc. is installed, in such a case, there was a duty of care to safely drive the vehicle driver by complying with the signal.

그럼에도 피고인은 위와 같이 술에 취한 상태로 눈이 빨갛고 말투가 어눌하며 비틀거리며 걷는 등 음주의 영향으로 정상적인 운전이 곤란한 상태에서 위 승용차를 운전하여 차량 신호가 적색 신호임에도 그대로 직진한 과실로 때마침 진행방향 좌측에서 우측으로 신호에 따라 직진하여 진행하던 피해자 F(34세)이 운전하는 G WW125 오토바이의 옆부분을 위 승용차의 앞부분으로 들이받았다.

After all, the defendant driving the above car in a situation where it is difficult to drive the car normally due to the influence of drinking, and suffered the victim's injury such as dump of a cump in need of treatment for about three weeks.

2. Around 04:30 on February 7, 2020, the Defendant driving a B QM3 car under the influence of alcohol concentration of approximately 300 meters from the front day of the Nam-gu Incheon Metropolitan City H to the front day of the D secondary school located in Michuhol-gu Incheon, Michuhol-gu, Incheon, while under the influence of alcohol concentration of about 0.097%.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident;

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