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(영문) 인천지방법원 2020.07.22 2020고단3345
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B SP car.

On March 27, 2020, at around 00:49, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of 0.128%, and driven a shooting distance of 129 degrees on the water side of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, along the two-lane between the two-lanes.

At the same time, the defendant was at night and was in secret, so the defendant had a duty of care to prevent the accident by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear and brakes under the influence of drinking so that it is impossible to communicate due to the influence of alcohol, and that it is difficult to drive the steering gear and brakes accurately, and the victim D (the age of 43) who was driving in the front line with the straight line in the front line was driven by the victim D(the age of 43).

Ultimately, the Defendant driving a car in a state where normal driving is difficult due to influence of alcohol, and suffered injury such as d, the victim F(40 years of age), the passenger G (52 years of age) who is the passenger, for about three weeks, such as d, d, tensions, and tensions, and the victim H (9 years of age) who is the passenger, in need of approximately two weeks of medical treatment.

2. Around 00:49 on March 27, 2020, the Defendant driven a B SP car under the influence of alcohol, the blood alcohol concentration of which is 0.128% from the 55-23 Do-ro, Bupyeong-si, Incheon, Seocheon-si to the waterside of about 2.5km from the 55-23 Do-ro, Seocheon-si, Incheon, to the 129 ScP car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident prepared by D, G, and F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to written diagnosis of the circumstantial statement of a host driver;

1. Criminal facts;

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