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(영문) 인천지방법원 2017.09.15 2017고단4766
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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] On May 9, 2008, the Defendant was sentenced to a suspended sentence of two years for four months by imprisonment with prison labor for a crime of violating road traffic law (drinking driving) in the support of the Suwon Frigwon, and on September 25, 2008, the same court was sentenced to a suspended sentence of two years.

[Criminal facts] The Defendant is a person who is engaged in driving CKa car.

On May 24, 2017, while under the influence of alcohol level 0.138% from blood alcohol level around 09:45 on May 24, 2017, the Defendant driven such five-lanes in front of the Nam-gu Incheon Metropolitan Government, and led the Defendant to drive such a five-lanes in front of the Nam-gu, Incheon Metropolitan City, along the three-lane direction of the new engineer distance, in the direction of the literature tunnel.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the front-time and operation of the operation system, and the Defendant was faced with the F rocketing taxi of the Victim E (61) who was under the influence of stopping in the front-time room, and the driver part of the said car was shocked with the front-time driver part of the said car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury such as climatic salt, etc. which requires two-day medical treatment to the victim E, and suffered injury such as climatic salt, tension, etc. from the victim G (59 years old) on board the said taxi vehicle for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. G statements;

1. A survey report on actual condition, a report on the situation of the driver placed at driving (investigation report), and a report on the results of regulating drinking driving;

1. Each written diagnosis;

1. An accident scene photograph;

1. Previous conviction in judgment: Application of a written reply to inquiry, such as criminal history, (A), a report on an investigation (two-time confirmation on the driving force of a suspect drinking), a summary order, and a copy of a judgment;

1. Criminal facts;

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