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(영문) 인천지방법원 2020.08.19 2020고단4539
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

[Criminal Power] On August 27, 2019, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On April 24, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BW125 Otoba while under the influence of alcohol level of 0.107% on Apr. 24, 202, the Defendant driven BWW125 Oba, thereby driving the three-lane roads in front of the Incheon Bupyeong-gu Seoul Bupyeong-gu C apartment D apartment zone along two-lanes, using two-lanes as a primary historical distance from the telephone station distance.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, even though the Defendant neglected this as a stop signal, the Defendant was driven by the victim E (Nam, 40 years old) driving on the opposite opposite lane in accordance with the new code due to the negligence of proceeding, and received the front part of the above Oba in front of the above part.

As a result, the Defendant driven an Oral ba while under the influence of alcohol that it is difficult for the Defendant to drive normally, and suffered injury, such as salt, tension, etc., by occupational negligence requiring approximately two weeks medical treatment to the victim.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant on the BW125 Oral Ba while under the influence of alcohol 0.107% in the section of approximately 2.4km from the front of the Bupyeong-gu Incheon Bupyeong-gu market, Incheon to the same place as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. The circumstantial statement and investigation report of a host driver, and the report on detection of a host driver;

1. A medical certificate;

1. Previouss before ruling: Criminal references and criminal reports of the same kind;

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