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(영문) 인천지방법원 2017.04.20 2017고단834

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for seven 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. The Defendant is a person who is engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 23:50, 2017, the Defendant, at around 23:50 on January 26, 2017, went back from the direction of the 61st church in Yeonsu-gu Incheon to the direction of the house.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating steering gear, and to safely drive motor vehicles in front, rear, and left and right by safely preventing accidents.

Nevertheless, the Defendant, while under the influence of alcohol content 0.142% during blood, was negligent in driving a car of the said B rocketing with the victim C (Y, 47 years old) who driven the said car under the influence of alcohol content 0.142%, and received the front door of the car of the said B rocketing rental car.

As a result, the Defendant driven the said B rocketing car under the influence of alcohol that it is difficult for the Defendant to drive the said car, and suffered injury to the victim C, such as salt, tension, etc., which requires approximately three weeks of medical treatment, and the victim E (V, 47 years of age) who is a passenger of D rocketing car, for about three weeks of medical treatment.

2. Around 23:50 on January 26, 2017, the Defendant: (a) driven a B rocketing car with alcohol content of about 0.142% at a distance of about 20 meters from the front of a cafeteria in the trade name in Yeonsu-gu Incheon Metropolitan City, to the front of the network church 61 in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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 (referring to the injury or injury caused by the driving of each risk) concerning the crime 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 (referring to

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (see, e.g., Supreme Court Decision).