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(영문) 인천지방법원 부천지원 2020.06.24 2019고단4339
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On December 16, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Busan District Court’s subsidiary branch on December 16, 2008.

On November 27, 2019, at around 01:05, the Defendant driven a D-hurd-hurd-hurd-hurd-hurd-purd-purd-purd-purd-purged-ro 191 Trar-hurg-hurg, in the influence of alcohol by 0.169%.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving regulations not less than twice.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a flurged vehicle like Paragraph 1, while under the influence of alcohol level 0.169% in front of the 191 Trar-ro, Do-ro, 191, YADDDDDDDDDDDDDDDDDDDDDDDD

Since there was a vehicle waiting for signal at the front door, there was a duty of care to properly operate the brakes while living well on the front door to the person engaged in driving of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the back part of the victim E (the 65-year-old driver) driving which was in the atmosphere of the signal at the front of the vehicle for the Defendant’s driving.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. in need of a two-day medical treatment to the said victim E.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on actual condition, an accident site photograph, notification on the results of the drinking driving control, and a report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Previous convictions in judgment: Criminal history records, inquiry reports (A), investigation reports (the identity of a suspect), and the Incheon District Court;

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