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(영문) 인천지방법원 2017.10.12 2017고단6052
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 30, 2017, the Defendant: (a) operated a motor vehicle without a driver’s license under the influence of alcohol level of about 0.171% in the section of approximately 2.5km from the distance near the ridge in the south-gu Incheon Metropolitan City to the front of the reduction industry junior college located in 100 as the same Gu from around 16:35 on July 30, 2017, without obtaining a driver’s license.

2. The Defendant is a person engaging in driving a motor vehicle with lurburged B, who is a person driving a motor vehicle.

On July 30, 2017, around 16:35, the Defendant driven the said car while under the influence of alcohol, as described in the foregoing paragraph 1 above, and continued to use the two-lanes of the three-lanes of the reduction industry junior college, which is located in the 100 South-gu Incheon Metropolitan City (Seoul) as the reduction of the Nam-gu.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance, such as keeping the front side and the left side well, and keeping a sufficient distance from other vehicles driving on the front side.

Nevertheless, the Defendant, as seen above, got the victim C(31) who was under the influence of a negligent negligence and stopped in accordance with the No. 1544, the Defendant 1 suffered the victim’s fluoral fluor’s tension and tension that requires approximately two weeks of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written request for blood appraisal and a driver's license register;

1. A written diagnosis and a written response to a request for appraisal;

1. Notification of the results of regulating driving of drinking alcohol and application of Acts and subordinate statutes of a report on detection of drivers;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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