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(영문) 인천지방법원 2018.07.04 2018고단3279
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 vehicle B with the knife while driving the vehicle B.

On April 12, 2018, the Defendant driven the said car under the influence of alcohol content of 0.19% in blood, which is difficult to drive normally, and led to the running of the said car at a speed of about 70km per hour from the side of the Incheon Western Island, along with one lane towards the private distance from the edge of the Incheon ASEAN, according to one lane.

Since the place is front of the intersection where signal lights are installed, there was a duty of care to safely drive the driver in accordance with the signals by checking well the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, failed to reduce the speed, but failed to change the vehicle signal to a red signal, and was driven by the victim C (62 years) who was at the left turn pursuant to the new subparagraph of the left turn on the road.

D The left part of the front part of the cleaning vehicle was received with the front part of the front part of the van.

Ultimately, the Defendant driving the said vehicle in a state where it is difficult to drive the vehicle normally due to drinking, and suffered injury to the victim C, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. The Defendant, at the time of the day specified in the above paragraph (1), driven a knife car with alcohol content of about 10km from the front side of the Gyeyang-gu Incheon Gyeyang-dong, Incheon, to the shooting distance of samples in the Seo-gu, Seo-gu, Incheon. The Defendant driven a knife car with alcohol content of about 0.199% in blood.

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 survey report on actual condition, and on-site photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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