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(영문) 인천지방법원 2018.04.12 2018고단911
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 a person who is engaged in driving a cruise car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 20, 2018, the Defendant driven the said car under the influence of alcohol level of 0.136% during blood transfusions on January 20, 2018, and led the roads of four lanes in front of the Central church in Incheon Gyeyang-gu or Doro 282, to proceed at an insular speed in the direction of the operation distance in the direction of the parallel.

At the time, the Defendant was stopping the victim C(58 S) to the front direction. In such a case, the Defendant had a duty of care to live well on the front side and to operate the brake system accurately.

Nevertheless, the Defendant neglected this and failed to properly operate the operation system under the influence of alcohol, and caused the front part of the pertinent cruise car operated by the Defendant, and received the part back to the right side of the said car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and sustained injury to the victim C, such as finites, which requires a three-day medical treatment, and suffered injury to the victim E (58 years old), who is the passenger of the said damaged vehicle, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the B cruise car under the influence of alcohol content of approximately 0.136% from the 10km section to the front road of the Central church in Gyeyang-gu, Incheon at the end of 565 degrees from the front day of the 282-ro of the city of Gyeyang-gu, Incheon at the time of the day specified in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. Each statement of E and F preparation;

1. On-site reports (on-site photographs);

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