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(영문) 인천지방법원 2017.07.05 2017고단1005
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving of Category B motor vehicles.

1. On November 4, 2013, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Busan District Court’s Branch Branch on Incheon District Court’s Branch on November 4, 201, and on August 22, 2014, a summary order of KRW 4 million for the same crime at the same court.

On December 4, 2016, at around 00:50, the Defendant driven the said car under the influence of alcohol concentration of about 0.219% at the 3km section of the blood alcohol level at around 0.219% on the street in front of the Alley Park, which was 59 a.m. 59, a Ma-ro, Seo-gu, Incheon, Bupyeong-gu, Busan, and 201.

2. Around 00:55 on December 4, 2016, the Defendant was driving the said car and proceeded at a speed of about 50 km per hour in the direction of the new village from the original shooting distance. Around 13-lane in the end of the Bupyeong-gu Incheon Metropolitan City, the road of 13-lane in front of the said apartment.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and brakes by properly operating the steering gear and brakes while keeping the safety distance.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of alcohol as in paragraph (1) while driving under the influence of normal driving, as in paragraph (1), while driving under the same lane, while the victim C (63 arches) who was driving under the same lane was stopped in accordance with the new code.

Ultimately, the Defendant caused the Defendant’s negligence on the part of the above business, thereby causing the Defendant’s damage to the shoulder, the part of the above arms, and other surrounding land and power lines, and causing a heat injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

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

1. A written diagnosis and written estimate;

1. Previous convictions in judgment: four copies of investigation reports and summary orders;

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