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(영문) 인천지방법원 부천지원 2018.01.18 2017고단2813

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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. On November 5, 2017, the Defendant violated the Road Traffic Act (driving of alcohol) driving a vehicle with C low-speed stringing alcohol level of 0.153% at a section of about 1km from the 1km to the roads in Busan-si, Seocheon-si. In addition, the Defendant driven a vehicle with C low-speed stringing alcohol level of 0.153% under the influence of alcohol at around 21:47.

2. The Defendant is a person who is engaged in driving a vehicle with C high speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 5, 2017, at around 21:47, the Defendant driven the said car under the influence of alcohol, as described in the foregoing paragraph 1 above, and driven the two-lane road in front B in Seocheon-si, Seocheon-si, along one-lane from the border to the vice Ambassador distance.

At night, there was a duty of care to prevent an accident by accurately operating the steering gear and brake system of a motor vehicle with a driver who is engaged in driving his/her motor vehicle at night, and thus, he/she had a duty of care to prevent an accident.

Nevertheless, the Defendant was negligent in driving under the influence of such drinking as above and due to the negligence of the victim D (38 Does) who was in the same direction, and received the part of the Defendant’s vehicle back to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the Victim D and the Victim F (V, 33 years old) who was accompanied by the Defendant’s occupational negligence on the part of the Victim D and the Victim D driving on the top of the said car operation, such as the catum catum, tension, etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, a report on the circumstances of the driver who takes drinking, a report on the situations of the driver who takes drinking, and a written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.