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(영문) 인천지방법원 2020.07.22 2020고단3905
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. On February 10, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), around 07:33 on February 10, 2020, driven a motor vehicle of Dhump with Dhump, which is under the influence of alcohol level of 0.186% in front of the C Bank in Gyeyang-gu Incheon, and proceeded along the two-lanes of the three-lane distance from the girical basin as the girth

At the same time, there was another vehicle that had been driving in the same direction, so the defendant had a duty of care to safely drive the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes, etc. while under the influence of alcohol in a place other than the U.S. region. The Defendant received the front part of the U.S. car driving in the same direction on the left side of the Defendant’s car, which was driven by the victim E (35 years old) who was driving in the same direction on the same lane.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the same time, the Defendant was driving a D-burged car in the state of alcohol with a degree of about 200 meters, which is about 0.186% of blood alcohol concentration, from the Do in front of the G-dong, Gyeyang-gu, Incheon, Gyeyang-gu, to the front road of the above C-bank.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. A traffic accident report;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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