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(영문) 인천지방법원 부천지원 2017.01.10 2016고단2995
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

The defendant is a person engaged in driving a observer car B.

On September 10, 2016, the Defendant driven the said car under the influence of alcohol level of 0.181% among blood transfusion around 22:10 on September 10, 2016, and proceeded at a speed of about 60 km from the highest side of the south-gu Incheon Metropolitan City C, at a speed of about 0 km in the speed of about 10 km.

At night, a large number of vehicles were in progress on the front side, so the driver of the motor vehicle had a duty of care to maintain the distance of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not give the front door to the Defendant, and instead did not properly manipulate the steering direction and operation devices, and took the back part of the franchise vehicle driven by the victim D(59) due to the negligence, which is driven by the victim D(59) without properly manipulating the steering direction and operation devices, into the front part of the passenger vehicle of the Defendant, and caused the victim E(41) to be the front part of the truck vehicle of the victim E(41) with the shock part of the passenger vehicle.

Ultimately, the Defendant driven while driving under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim D, such as a scarcity, etc., of a chest boom that requires approximately two weeks of medical treatment, and a chest brue with a chest that requires medical treatment for about ten days to the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement on the occurrence of D traffic accidents;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. A report on the detection of a driver at the main place and a statement on the circumstances of the driving at the main place;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) with respect to the facts constituting the crime as prescribed in the corresponding provisions of the Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to the act of drinking alcohol).

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