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(영문) 인천지방법원 2018.05.23 2018고단1728

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 Grand bus in Grandland.

On February 28, 2018, when the Defendant is unable to drive normally due to the influence of drinking such as under the influence of alcohol, such as under the influence of alcohol, such as under the influence of alcohol, the blood alcohol concentration of 0.123% during the blood transfusion, the Defendant was driving the said fluoring vehicle, which was newly calculated in Gyeyang-gu Incheon Gyeyang-gu, 71Han, a B-dong road in front of the B-dong, was driving at the mouth of Gyeyang-gu in the mountain park.

In such cases, the driver of the motor vehicle has a duty of care to see the front side and to prevent accidents by properly manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant did not discover the passenger knife of the victim C(45 years old) who was under the influence of stopping at the front, while neglecting this, and received the back part of the above knife as the front part of the knife driven by the Defendant.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, injury to the victim C, such as bones salt, etc. requiring approximately two weeks of medical treatment, and injury to the victim E (V, 39 years of age) and the victim F (V, 37 years of age), each of which requires two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E and F;

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

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each 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 1.