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(영문) 인천지방법원 2017.05.10 2017고단560
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a B-cruise vehicle.

On December 23:00, 2016, the Defendant proceeded along the two-lanes of the East-gu Incheon Metropolitan City Education Support Agency, along the two-lanes of the head school distance, from the side of the head school building distance, the Defendant proceeded along one-lane from the side of the head school building distance.

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, under the influence of alcohol concentration of 0.129% during blood, the Defendant was negligent in driving the said cruise vehicle while driving the said cruise vehicle at a difficult time, and received a D low-speed driver back of the said cruise vehicle operated by the injured party C (45 cc) in front of the said cruise vehicle.

Ultimately, the Defendant driven the pertinent cruise 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 need of treatment for about two weeks.

2. On December 24, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving) (drawing without a driver’s license), driving a B cruise car under the influence of alcohol content of 0.129% in blood without obtaining a driver’s license, and driving the B cruise car at a distance of about 6 km from the 16nd two roads to the 923nd two roads in the south-gu Incheon Metropolitan City, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. The driver's license ledger;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts.

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