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(영문) 인천지방법원 2017.05.10 2017고단1261

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On 24, 2017. 21:30 on 24, 201, the Defendant moved the three-lane road from the south-gu Incheon Metropolitan City C to the private distance in the main port from the side of the daily market.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol concentration 0.206% in blood, was negligent in driving the said car in a manner that it is difficult to drive the car normally, and the part on the right side of the Incheon FF taxi driven by the victim E (53 tax) who driven the said car along two lanes from the shooting distance on the side of the drawing to the shooting distance on the main line, was driven by the driver in front of the said car, and caused the said car to be divided into the center by the driver in front of the said taxi.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. On 21:30 on 24, 201, the Defendant was driving a BM3 car under the influence of alcohol concentration of 0.206% during blood transfusion, and driven a 300-meter distance from the 36th day front of the Incheon Southern-gu Incheon Southern-gu road to D in the same Gu C from the 36th day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the act of driving under influence of alcohol), respectively, and imprisonment with prison labor.