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(영문) 인천지방법원 2017.03.23 2016고단8092
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 31, 2006, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court. On February 19, 2016, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving).

1. The defendant is a person who is engaged in driving a motor bicycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 3, 2016, around 09:35, the Defendant continued the front road at the entrance of the 45-dong apartment, Seo-gu, Incheon, Seo-gu, Seo-gu, 253.

Since there was a string length, there was a duty of care to operate safely by accurately operating the steering gear and brake system to a person engaged in a motor bicycle driving service.

Nevertheless, under the influence of alcohol content 0.270% in blood, the Defendant was negligent in driving the bicycle while driving the bicycle with the above engine device, thereby making the victim D(78 years old), who was the rear wheels of the above engine device, and received the victim D(78 years old) from the bicycle.

As a result, the Defendant, while driving a bicycle under the influence of alcohol that is difficult to drive normally, suffered injury, such as bones cutting the bones, etc., by driving the bicycle for about 10 weeks.

2. On October 3, 2016, around 09:35, the Defendant driven a CEngine bicycle under the influence of alcohol content of about 0.270% in a section of about 1km, as from the front of the foot of the Yellow-ro 20-2, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, for about 40 Ga-ro 20-2, the Defendant was under the influence of alcohol content of approximately 0.270% in a section of approximately 1km, as he/she was from the front of the foot of the Yellow-ro 25-2.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal suspect's previous convictions);

1. Relevant Article of the Act and the aggravated punishment, etc. of specific crimes as to the crime.

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