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(영문) 인천지방법원 부천지원 2018.08.30 2018고단1510
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

The defendant is a person who drives a vehicle B with a 300C car as his/her duties.

On May 12, 2018, the Defendant was under the influence of alcohol content of 0.144% from blood transfusions around 20:40 on May 12, 2018, and was driving the said Crasller 300C on the front side of the “D” restaurant located in Kimpo-si C, Kimpo-si, and continued to drive the said Crasl 30C car to the fung-dong from the epoch.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while driving while neglecting the above duty of care due to negligence, committed a central line on the side of Pungdong and proceeded to Saridong from the direction of Pungdong (67 years). The Defendant received the front part of F Village bus driven by the victim E (67 years) from the front part of the F Village bus driven in this 300C car, and suffered about two-day medical care for E, clurrr 300C car, and suffered about two-day medical care for the clurine pan, etc. from the victim G (V, 21 years of age) aboard the said village bus, respectively.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, thereby causing injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of a traffic accident, inspection report on the scene of an accident, investigation report on the circumstances of the driver in charge of a driving, and notification on the results of regulating the driving of drinking;

1. Application of Acts and subordinate statutes to internal investigation reports (victim E telephone conversations), internal investigation reports (victim G telephone conversations), and medical certificates;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (each.

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