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(영문) 인천지방법원 2017.08.11 2017고단3754
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on April 18, 2017, the Defendant driven C SPP car at a section of about 2km from the 41st to the 2nd parallel of the SPP as of the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, while under the influence of alcohol concentration of about 0.118% from the 2km to the 2nd parallel of the SPP car.

2. The Defendant is a person who is engaged in driving a vehicle C with a certain amount of driver car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On the same date and time as described in paragraph 1, the Defendant driven the above car while under the influence of alcohol as above, and proceeded with approximately 60 km in time, depending on two lanes from the roads of the 2nd line in order to the distance of Koreans in the Republic of Korea at the port of Seo-gu Incheon, Seo-gu Industrial Complex.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and he/she shall accurately operate the steering system, brakes and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as performing his/her duty of driving a motor vehicle.

Nevertheless, the Defendant neglected to do so, while driving a vehicle under the influence of alcohol as set forth in paragraph 1, followed the victim D(34 tax)’s vehicle’s E at the victim D(34) drive while driving the vehicle at the front line of the vehicle volume of the Defendant, followed the Defendant’s vehicle by driving the vehicle, and resumed the vehicle into the front part of the vehicle volume of the Defendant’s vehicle, and re-run the damaged vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks medical treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Each investigation report (main driver's circumstantial report and telephone investigation) 1.

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