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(영문) 인천지방법원 2019.02.28 2018고단8585
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a ra

At around 07:00 on November 1, 2018, the Defendant driven the said vehicle under the influence of alcohol at a speed of 0.226%, which led to running at a speed where it is impossible to identify the road front of the Seo-gu Incheon Metropolitan apartment.

In this case, the driver of the vehicle has a duty of care to maintain the distance from the vehicle by properly operating the steering direction and brake system of the vehicle and to prevent accidents in advance by safely operating the vehicle.

Nevertheless, the Defendant neglected this, while driving a vehicle while under the influence of alcohol to the extent that the walking is long and that it is difficult to drive the vehicle normally, due to the Defendant’s negligence, received the part on the front side of the driver’s vehicle that was driven by the victim D (year 41) who was standing on the right side of the Defendant’s vehicle, which was driven by the victim D(year 41) who was parked behind the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D due to the above occupational negligence, such as the definite finite finite which requires approximately two weeks medical treatment.

2. The Defendant, at the same time and place as the above Paragraph (1) of the Road Traffic Act, driven a rash car with a blood alcohol concentration of about 0.226% while under the influence of alcohol at approximately 50 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. The actual condition survey report and the actual condition report of the driver;

1. Each investigation report (main drivers, circumstantial reports, confirmation as to whether victims are treated with D, and hearing statements of victims);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes for which criminal

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