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(영문) 인천지방법원 2018.05.24 2017고단8964
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. Around October 14:50 on October 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a F Costsch Rexroth car at a speed below the coast from the center of the fish board to the coast, while under the influence of alcohol content of 0.179% in blood.

At that time, the Defendant had a duty of care to keep the safety distance available to avoid the suspension of the said car, because the Defendant had followed the Hing agreement car driven by the victim G prior to the same direction. Therefore, the Defendant had a duty of care to keep the driving employee from driving.

Nevertheless, the Defendant neglected this and failed to avoid the damage due to the negligence of driving the vehicle, and did not avoid the damage due to the reason that the road conditions are not good, and the Defendant’s above part of the damage caused by the driver’s vehicle in front of the car, and received the above part of the driver’s vehicle.

Ultimately, the Defendant, while driving the said Lone Star Co., Ltd. in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim G, such as salt and tension, which requires approximately three weeks of medical treatment, and suffered injury to the victim I (the 57 years of age) who is a passenger of the said bowling car, for about two weeks of medical treatment.

2. On October 14:50 on October 7, 2017, the Defendant driven a Fone Star passenger car with approximately KRW 100m alcohol content 0.179% while under the influence of alcohol on the front side of the E language board located in Incheon Strengthening-gun D.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the police statement related to G;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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