logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.04.03 2019고단9175
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

1. On December 5, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), around 22:35 on December 22:35, 2019, driving C EXE car at a speed of about 30 km per hour from the two-lanes to E on the surface while it is difficult to drive it normally due to the influence of drinking alcohol that reaches 0.220% of blood alcohol concentration.

In such cases, there was a duty of care to prevent accidents, such as taking the front and the other driving vehicles well into account, properly operating the steering gear and brakes, and maintaining the safety distance.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty at the front time, and did not discover the front vehicle which was stopped for traffic signal, and instead was driven by the victim F (56 years old) who was stopped in front of the Defendant’s passenger car before the Defendant’s vehicle, and received a panion to the front of the Defendant’s vehicle.

Ultimately, the Defendant, while driving the above X-ray car in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim F such as salt, tensions, etc. in need of a two-day medical treatment, and the injury of the victim H(5) who was on the said high-est car, in need of a two-day medical treatment.

2. Around December 22 and 35, 2019, the Defendant was driven a C X-ray car with a blood alcohol concentration of about 1.2 km from the nearby “J” located in Seo-gu Incheon, Seo-gu, Incheon to the neighboring place of the Seo-gu, Seo-gu, Incheon to a level of about 1.2 km to the 0.2 km of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. A written diagnosis of victims;

1. On-site photographs and actual survey report of a traffic accident;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Each relevant Article of the Act concerning criminal facts;

arrow