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(영문) 인천지방법원 2018.12.19 2018고단7705
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 cruise car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 16, 2018, the Defendant was under the influence of alcohol 0.173% among blood transfusions, and the Defendant was unable to drive normally due to the influence of alcohol, such as walking with red, light, and walking. On September 16, 2018, the Defendant continued the front road of the Incheon Bupyeong-gu C building in front of the Incheon Bupyeong-gu C building into the side of the office distance of the Bupyeong-gu office building in the Bupyeong basin.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering room and the right and the left and the right of the motor vehicle and accurately manipulating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and was negligent to turn to the right at the be left at the bend of the bend of the bend, was unable to avoid the Eststren vehicle of the victim D(30 S) who was under the influence of the signal at the right edge and was under the influence of the Defendant, and received the part of the victim’s vehicle behind the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. Around 01:30 on September 16, 2018, the Defendant driven a B-crack vehicle under the influence of alcohol content of at least 0.173% from a 100-meter section from the front road of the Bupyeong-gu Incheon Metropolitan Government to the front road of the same Gu C building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts and Article 148-2(2) of the Road Traffic Act.

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