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(영문) 인천지방법원 2021.01.14 2020고단9499
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 11, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven by B, while under the influence of alcohol level of 0.111% during blood transfusion on Sep. 11, 2020, the Defendant driven a motor vehicle of 0.111% on face while driving the motor vehicle of 0.11% on face and making it difficult to drive the motor vehicle of her face, thereby driving the motor vehicle of hurburg in front of the D convenience store in Incheon Reinforcement-gun, after driving the motor vehicle of

In this case, the driver has a duty of care to prevent accidents in advance by accurately operating and safely operating the brake system without breaking the central line, by living well on the right and the right and the right of the center.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty to drive safety by overcoming the center line and overtaking the vehicle at the front side of the Defendant’s vehicle, and was in the front part of the Defendant’s vehicle E ( South, 44 years old) who was left left at the left at the front side of the vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and injury to the victim G (V, 40 years of age) who was accompanied by the said passenger car in the said passenger car, for about three weeks of medical treatment.

2. Defendant 1, who violated the Road Traffic Act (drinking driving), driven a vehicle of sofrigned B, while under the influence of alcohol leveling 0.11% from the 3km section of alcohol level from the roads before the Hell of Incheon, Incheon, Sin-gun, to the roads before the D convenience stores located in Incheon, Incheon, to the roads.

Summary of Evidence

1. Statement by Defendant on the occurrence of a traffic accident;

1. A report on the occurrence of a traffic accident, a report on the circumstances of the driver who takes the actual condition of the driver, and a diagnosis report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act.

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