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(영문) 인천지방법원 부천지원 2017.01.12 2016고단3134

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2016, around 15:36, the Defendant was under the influence of 0.170% of alcohol concentration in the blood while driving a DNA cargo vehicle at around 0.170% in front of the food of “C” located in Kimpo-si, Kimpo-si, Kimpo-si, and continued to drive a DNA cargo vehicle at a speed of about 30 km in the face of grain in the face of the Jeju Jeju Jeju Jeju Free Zone, and the Defendant was under the duty of care to prevent traffic accidents by driving the vehicle well by safely and safely.

Nevertheless, the Defendant neglected to do so and did not see the front while it is difficult to drive in a normal condition while under the influence of alcohol, and took the back part of the F concrete mixtures of the victim E (61) driving ahead of the said road in the same direction as the front part of the above Poter truck, and caused the victim to suffer injury, such as fluoral salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E (List 12);

1. Report of a traffic accident (list 1), notification of the results of crackdown on drinking driving (list 4), and medical certificate (list 15);

1. Application of photograph (List 10) Acts and subordinate statutes;

1. The relevant Act and Article 5-11 (Bodily Injury resulting from Dangerous Driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and imprisonment with prison labor for each crime;

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 stay of execution (a relatively minor in the degree of confession, reflectment, and injury to the victim, and the degree of injury to the victim's comprehensive motor vehicle insurance is purchased, and the victim is not subject to punishment by agreement

1. An order to attend a course under Article 62-2 of the Criminal Act;