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(영문) 인천지방법원 2018.06.27 2018고단3091
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 is engaged in driving a KS3 car.

On March 5, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.210% from blood alcohol level around 01:05, and proceeded in the direction of Cheong-gu in the direction of the Cheong-gu apartment in the direction of the Seo-gu apartment in the direction of Cheong-gu, Seo-gu, Incheon, in the direction of 586, a 22-lane Gake apartment in front of the Seo-gu, Seo-gu.

At the same time, the victim C(41) driving Doz temporarily stops in the signal atmosphere. In such a case, not only a person engaged in driving a motor vehicle shall not drive the motor vehicle under the influence of alcohol in any case, but also there was a duty of care to ensure safety distance and ensure the safety of the motor vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving in the same way as it is, and the part of the lower part of the above K3 car, which was in the signal waiting at the front line of the same lane as the time benz, was committed as the front part of the said K3 car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in a state of light that requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a actual survey report, on-site photographs, and an accident video CD;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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