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(영문) 인천지방법원 2019.05.30 2019고단2201
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 to Dangerous Driving) is a person engaging in driving a B rocketing car.

On April 3, 2019, at around 23:45, the Defendant driven the said car while under the influence of alcohol of 0.189%, and led to the third line road of the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, to proceed from the view of the distance of public road to the view of the shot distance.

At the time, a person engaged in driving of a motor vehicle at night is unable to drive the motor vehicle normally due to influence of drinking, and there was a duty of care to drive the motor vehicle safely by driving the front side and accurately operating the brake system.

The Defendant, while under the influence of alcohol, was driven by the victim D (ma, 58 years old) who was under a stop for a signal waiting, received the rear part of the E QM3 car as the front part of the Defendant’s car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol as above, and suffered injury to the victim D and F (ma, South and 35 years of age) who is the partner of the said E-car, for about two weeks of medical treatment.

2. On April 3, 2019, the Defendant: (a) around 23:45, on the roads near Seo-gu Incheon G apartment, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.189% from the section of approximately 3km to the front of Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Report on the statement of the status of a drinking driver, and report on the status of a drinking driver;

1. Report on internal investigation (victim F telephone communications);

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) as to the crime under the corresponding provision of the relevant Act, and Article 148-2 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018).

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