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(영문) 인천지방법원 2017.05.10 2017고단1265
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

1. The Defendant is engaged in driving a vehicle B and the third cargo vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 29, 2017, the Defendant, around 17:45, had a road of one lane in front of Seo-gu Incheon Metropolitan City C from the middle school of the inspection team to the head of the inspection team.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol content 0.120% during blood, was negligent in driving the said cargo while driving the said cargo, and received the e-benzer behind the said cargo, which D driven by negligence.

Ultimately, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim F (F, 47 years of age) who is a passenger of the said vehicle, such as light and chest distribution salt, which requires approximately two weeks of medical treatment, and suffered injury such as light and chest distribution salt, etc. to the victim G (V, 47 years of age) for about two weeks of medical treatment.

2. On January 29, 2017, the Defendant: (a) driven three cargo vehicles, while under the influence of alcohol by 0.120% at a distance of about 50 meters from the 18th public parking lot of the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon to the 202-ro, to the 190 front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. A survey report on actual conditions;

1. Investigation report (case concerning the statement of the driver of the victimized vehicle);

1. Each and medical certificate;

1. Application of statutes on site photographs;

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.Article 40 of the Criminal Code of Trade and Trade.

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