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(영문) 인천지방법원 2018.08.29 2018고단5328

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for 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

On June 18, 2018, the Defendant, while under the influence of alcohol 01:34% in blood, drive a Bstoke car for business purpose, and had three-lanes in front of Michuhol-gu Incheon Metropolitan City go straight from the long distance of the week to the long distance of the daily market.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the victim D(49 tax) who has stopped by signaling at the front bank due to negligence of failing to properly operate the front bank and the brake system while under the influence of alcohol, and caused the part on the back of the Estststa taxi operated by the victim D(49 tax).

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of alcohol, suffered from the victim FF (19 years old) who was on board the said taxi for about three weeks in need of medical treatment, such as the catum cat, etc., and suffered from the injury of brain-dead sugar for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The application of Acts and subordinate statutes to medical certificates, estimates, written statements and written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (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 Competition;

1. Selection of each sentence of imprisonment;

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 on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is difficult for the defendant to drive normally due to drinking.