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(영문) 인천지방법원 2018.08.13 2018고단3777

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. A suspect who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) is a person engaged in driving a horse at C.

On April 30, 2018, while under the influence of alcohol concentration of 0.179% during blood transfusions on April 20, 2018, one lane of the three-lane road in the south-gu Incheon Metropolitan City D was directly driving in the direction of the long-distance distance from the direction of the port of port in the direction of the future.

In such cases, there was a duty of care to check the safety of the course and to accurately operate the steering gear and brakes, thereby preventing accidents from occurring.

However, the part of the damaged vehicle was left behind with the left-hand turn signal prior to the same lane E ( South, 46 years of age) by negligence, which led to the failure to neglect this, and did not see that it is waiting to turn to the left-hand turn, and received the parts behind the damaged vehicle.

After all, the suspect transferred a vehicle under the influence of alcohol to the victim while normal driving is difficult due to the influence of alcohol, and at the same time, he/she was negligent in neglecting his/her duty of care as a driver of the motor vehicle, thereby resulting in the victim's injury requiring medical treatment

2. A criminal suspect violating the Road Traffic Act (drinking driving) driven a C horse-off vehicle under the influence of alcohol 0.179% under the influence of alcohol content from the influence to the front road of the Nam-gu Incheon Metropolitan City, as stated in the above “1”.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Inquiries about the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.