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(영문) 인천지방법원 2018.10.08 2018고단6183
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] The Defendant received a fine of KRW 1,50,000 from the Incheon District Court on June 12, 2013 as a crime of violating the Road Traffic Act (driving) and a fine of KRW 4 million from the same court on April 28, 2014 as the same crime.

[Criminal facts] The Defendant is a person engaged in driving Branchising automobiles.

On April 23, 2018, the Defendant, while under the influence of alcohol at 0.150% during blood transfusions, the horses are divided into two laness, and the walk is in a string and face, etc., the Defendant driven the said car and driven the three-lane road in front of the Coin apartment in Incheon Gyeyang-gu culture, which is 119, along the direction of Gyeyang-gu culture, along three-lanes from the direction of the gymology to the gym underground roadway.

At the same time, vehicles were stopped in order to circumvent, so in such cases, there was a duty of care to see the front door in the person engaged in the driving of the motor vehicle, and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and went through as it is, due to the negligence, caused the victim c(38 Do)'s behind the driving of the Dpool car in the front part of the said Dopool car (38 Do). While the said Dpool car was pushed in the future, the Defendant was behind the driving of the victim E(the 40-year-old car) in the front part of the Dopool car, and received the part behind the Dopool car.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence, and injury to the victim E, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Each written diagnosis;

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