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(영문) 인천지방법원 부천지원 2020.06.25 2020고단10
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaged in driving a new character B.

On December 4, 2019, at around 23:10, the Defendant driven the said car at a speed of 0.15% alcohol level, which is difficult to drive normally due to influence of drinking, while driving the said car at a speed of 0.15%, and driven the front road C in front of the Tyang-si at the port of the Seoyangdong Administrative Welfare Center at the speed of the two-lane road at an implied intersection from the port of the Seoyangdong Administrative Welfare Center.

In such a case, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as keeping the front door well and accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a e-mail while she is unable to drive in a normal condition, and caused the back-line panion of the victim D (V, 24 years old) who stops in the signal atmosphere prior to the front driver of the new character vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant, while under the influence of alcohol 0.155% at the time and time set forth in the preceding paragraph, driven a new character car at a distance of about 1 km from the insular area to the point of the accident at the point of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims of D;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. The actual condition survey report and field photographs;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) of the Road Traffic Act.

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