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(영문) 인천지방법원 2018.07.25 2018고단3779

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who is engaged in driving a Bsch Rexroth car.

On April 28, 2018, the Defendant, while under the influence of alcohol 01:23, the Defendant was in an inaccurate, 0.121% of alcohol concentration during blood transfusion, e.g., in a state of difficulty in driving the said car on the inside of the inside of the inside, by driving the said car, and driving the road of eight-lanes of Korean power located in 304, as the flow of Yeonsu-gu Incheon Metropolitan City, along the two-lanes from the edge of the public notice of Cheongsung to the north private distance.

At all times, the victim C(32 S) was stopped for the signal waiting, but the signal has been changed, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear for the person who is engaged in the driving of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeds as it was by negligence, and received the following part of the said rocketing passenger car as the front part of the said rocketing passenger car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of approximately 2 weeks of treatment, and suffered injury on the victim E (the son, the son, who was a passenger of the said rocketing car, about 34 years of age, such as salt, tensions, etc. in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of an accident vehicle, etc.;

1. Statement of the circumstances of the driver at the main driver, report on the detection of the driver at the main driver, and investigation report (report on the circumstances of the driver at the main driver);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes