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(영문) 인천지방법원 2018.07.04 2018고단3343
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 the driver of a soil-related motor vehicle with Cradarity in violation of the Punishment of Specific Crimes (Bodily Injury resulting from Driving Risk).

On March 31, 2018, around 23:54, the Defendant was driving a motor vehicle in the same manner as he/she finds it difficult to normally operate the street in front of the shooting distance 97 2 complex of the Yandong-dong, Namdong-gu, Incheon, Namdong-gu in the state of alcohol concentration 0.181% in blood while under the influence of alcohol during blood, and proceeded straight at the speed of the city in accordance with three-lanes of the training direction from the 3-lane of the training direction.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, etc. of the motor vehicle and properly manipulating the operation of the motor vehicle.

Nevertheless, while the Defendant neglected to do so and was under the influence of alcohol, the part behind the victim's k5 car driving, which was parked in the signal atmosphere from the front bank, was followed by the said part front part of the Radon No. 1, and the victim suffered approximately three weeks of medical treatment.

2. Defendant 1 driven a CWD car in the state of alcohol concentration of 0.181% during blood, in a state of under the influence of alcohol level 0.181% from a place in the border of the above 1.m. to a place in the border of the city of the above 1.m. to the 97mn-dong, Nam-dong, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual survey report and on-site photographs;

1. A report on internal investigation (in response to alcohol concentration in blood), a report on the detection of a driver with primary driving, and a report on the circumstantial statement of the driver with primary driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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