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(영문) 인천지방법원 2017.09.13 2017고단3902
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 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 freight vehicle B while driving a freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 3, 2017, the Defendant driven an above cargo vehicle at around 22:35, and driven the above cargo vehicle at around 22:20 east of the friendly 220 apartment complex, which is located in 180, due to the cause of the Yeonsu-gu Incheon, to proceed from the 201 East to 218 east of the above apartment.

Although a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by properly operating the troping and steering gear, the defendant neglected to do so and caused the negligence of driving a motor vehicle while under the influence of 0.159% of alcohol during blood, while normal driving is difficult under the influence of 0.159%, and caused the back side of the driver's seat of the victim C(W, 55 years old) who was driving a motor vehicle to the back side of the driver's seat of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim C and the victim E (28) who was a passenger of the said rocketing car by occupational negligence as above, for approximately two weeks of treatment respectively.

2. On May 3, 2017, the Defendant: (a) driven a B-wing truck at the section of approximately 30 to 50 meters from the front 205 apartment house to the front 220-dong road of the same apartment house, which is located in the 180 Yeonsu-gu Incheon, in the state of alcohol concentration of 0.159%, while under the influence of alcohol during blood at around 22:35 on May 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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