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(영문) 인천지방법원 2018.07.04 2018고단3781

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. The Defendant is a person who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 14, 2018, the Defendant driven the said car in a state where it is difficult to drive normally, due to influence of drinking, on the Jinsung-ro 247, a Jinsung-ro at Annyang-ro, Annyang-ro, Annsan-ro, 247 at the time of light lighting around 00:50.

At all times, there was a situation in which the driver of a motor vehicle stops in order to turn to the left at the top of the front taxi and the driver of the victim's F, so the driver of the motor vehicle has a duty of care to accurately manipulate the brake system and prevent the accident in advance.

Nevertheless, the Defendant was negligent in not operating the operation system properly under the influence of alcohol and received the front part of the Defendant’s car in front of the car, and the front part of the first taxi, and due to its shock, the first taxi was able to get the said victim F's franchise.

Ultimately, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to the influence of drinking, and suffered the victim D and F from the base of salt in which it is necessary to treat the victim D and F for about two weeks respectively, and the victim H, who is a passenger of the taxi, was influence in which it is difficult to identify the number of days of treatment.

2. On February 14, 2018, the Defendant: (a) driven a motor vehicle while under influence of alcohol, such as drinking, drinking, snow snowing, etc., by the Defendant from the light J of the Gyeonggi-gu Police Station I seated at the site after receiving a report of 112 due to the foregoing traffic accidents on the roads indicated in paragraph (1) around 01:10 on February 14, 2018.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking in a manner of inserting approximately 10 minutes into a drinking measuring instrument three times.