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(영문) 인천지방법원 2020.08.19 2020고단5049
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 26, 2016, the defendant was issued a summary order of KRW 4 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

The Defendant is a person engaging in driving a BM520-V car.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was committed by the Defendant, on February 29, 2020, to the funeral of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu on February 22:10, 202, at the direction of the flow distance from the right side of the winter bridge to the right side of the winter.

Since there is a lot of traffic volume, drivers have a duty of care to prevent the occurrence of accidents by adjusting the vehicle so that the vehicle does not keep the rear side when stopping the signal atmosphere.

Nevertheless, under the influence of alcohol, the Defendant was unable to drive in a normal condition while under the influence of alcohol, changing the light to a neutral line, removing the light from the brake to the rear of the said vehicle, and making the said vehicle pushed ahead of the said vehicle. The Defendant was placed ahead of the victim Cwork, who was under the influence of the traffic signal stopping at the rear of the vehicle, following the vehicle, and was in the front of the said vehicle.

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

2. On February 29, 2020, the Defendant driven the said SM520 V car while under the influence of alcohol by about 2 km from around 2km-gu, Incheon, Bupyeong-gu to the front day of the F-dong, Nam-gu, Seoul, to around 0.125% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. The circumstantial statement of the driver, the investigation report (the circumstantial report of the driver, the pages 10), and the report on detection of the driver;

1. A medical certificate;

1. Previous convictions in judgment: Criminal references, investigation reports (Attachment to the same type of force) and other records;

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