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(영문) 인천지방법원 부천지원 2018.12.07 2018고단2752

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 driver of the K5 vehicle B.

1. On August 20, 2018, the Defendant was under the influence of alcohol level of 0.177% among blood transfusions on August 20, 2018, the Defendant driven the said car at a section of approximately 8 kilometers from the roads front of the 68-2 Tambro (Seng-dong) in the middle of Gyeonggi-gu to D in the front of the road located in Incheon Bupyeong-gu, Incheon.

2. On August 20, 2018, the Defendant was driving the said car at around 21:15, and led D- way in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Seoul, to a three-lane radius from the surface of the Round of the Round of the Agricultural Cooperatives to a three-lane radius.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by safely operating the steering direction and brake system while driving the front door.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.177% during blood, neglected to do so, and tried to detect and stop the F QM6 car of the victim E(32 years old) who was under the influence of driving by the driver due to the negligence of driving the front line without putting the front line, at a late time, to reduce the speed due to the driving of the front line, but received the back part of the victim's car in front of the Defendant's car.

As a result, the Defendant driven a motor vehicle under the influence of alcohol or drugs which makes it difficult for the Defendant to drive the motor vehicle normally, resulting in the injury of the said victim, such as light fluoral dume, which requires approximately three weeks of medical treatment, and resulting in the injury of the victim G (31 years of age) who was on board the victim's vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. G statements;

1. Each written diagnosis;

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