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(영문) 인천지방법원 2020.10.22 2020고단7903
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

The Defendant is a person who is engaged in the operation of W125EX2 motorcycle.

1. On July 19, 2020, the Defendant was under the influence of alcohol of 05:08 blood alcohol concentration of 0.176% on July 19, 202, and the Defendant driven the above motorcycle at the flood section from the front line of the trade name in the south-gu Dong-gu Incheon Metropolitan City to the road in front of the Incheon Viewmun-gu Incheon Metropolitan City 29 at the right angle of view.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by the above motorcycle while under the influence of alcohol as above in a temporary light, and the Defendant was driving the above motorcycle at the speed of about 60 kilometers per hour among two-lanes at the entrance of the entrance of the office of education in the direction of two-lanes from the entrance of the entrance for viewing the Incheon Viewers-gu Incheon Metropolitan City.

In such a case, there was a duty of care to safely drive a motor vehicle without drinking alcohol to a person engaged in driving a motor vehicle, etc., by checking well the right and the right in a normal state.

Nevertheless, the Defendant neglected this and proceeded in a straight way under the influence of alcohol, and caused the victim C (Nam, 22 years old) who is the driver on the bicycle for a motor bicycle to fall off to the chemical team by taking the boundary of the chemical located in the booming bank as the above motorcycle by negligence, which did not handle hand hand at the point of the front boomer.

As a result, the Defendant suffered injury, such as the mouth of an alley in need of medical treatment for about four weeks, due to the influence of drinking, to the victim due to the foregoing occupational negligence.

Summary of Evidence

1. A written diagnosis of the police concerning the defendant's legal statement C;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual condition survey reports, circumstantial statements of a drinking driver, report on the driving of a drinking driver, and on-site photographs;

1. Relevant provisions concerning facts constituting an offense;

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