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(영문) 인천지방법원 2021.03.24 2021고단110
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 2, 2020, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act by the Incheon District Court.

1. Around November 21, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving at the end of Incheon Bupyeong-gu, Incheon, under the influence of alcohol, the Defendant driven Cone Star Sheet in the influence of alcohol, and proceeded at approximately 20 km from the market surface to the surface of the market surface as a head.

At the time, the view is narrow at night, and there is a narrow sloping length, so in such a case, there was a duty of care to safely operate the brakes by properly manipulating the brakes while living well on the right and the right of the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in the left side of the E-Engine bicycle driven by the victim D ( South, 23 years old) who was under a stop on the front side due to negligence in failing to properly operate the brake system, and received the left side of the said E-Engine bicycle.

After all, the Defendant driven the above van while it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant, in violation of the Road Traffic Act (drinking), was driving a vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of 0.124% from the 300-meter section from the roads near Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, to the places indicated in paragraph 1.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Before the judgment of the master driver's report on the actual condition of the driver's report: The application of the provision of inquiry and summary order Acts and subordinate statutes;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to

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