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(영문) 인천지방법원 2019.03.20 2019고단711
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

At around 00:00 on December 23, 2018, the Defendant was under the influence of alcohol with 0.120% of blood alcohol concentration 0.120%, and the Defendant had two-lane roads in front of the D convenience store in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, pursuant to the above one-lane road, from the mixIC bank to the gold-dong bank.

In this case, there was a duty of care for those engaged in driving of motor vehicles to live well in the front left and drive the steering and brake system accurately and safely.

Nevertheless, the Defendant did not properly hold off his body while driving the said car and it is difficult to conduct an accurate driving, such as a mold distance, due to negligence in driving the said car, caused the part of the back air code car driven by the victim E (V, 46 years old) who driven the said car in the front section of the car in the front section of the car in the front section, and due to the corresponding shock, the Defendant got the back part of the Hcadler's car driven by the victim G (the 62 years old) who is waiting for the said car in the front.

In the end, the Defendant suffered, by negligence in the above business, a shouldered dump dump, etc. which requires approximately two weeks of medical treatment to victims E, and a sump dump dump dump, etc. which requires approximately three weeks of medical treatment to victims G.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Notification of a survey report on actual condition and the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of 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 concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The comprehensive insurance is not limited to reflectiveness, initial crimes, and damage under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the vehicles shall be covered by such comprehensive insurance.

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