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(영문) 인천지방법원 부천지원 2017.04.21 2017고단453
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with D high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 14, 2017, the Defendant was under the influence of alcohol concentration of 0.185% in blood, depending on three lanes in the direction of transmission from the direction of transmission to Kimpo-si.

At all times, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system to the person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the brakes at the front of the victim F(59) who stops in the signal atmosphere due to the negligence that he was unable to properly operate the brakes at the front of the day while the Defendant was under the influence of alcohol and the rear part of the Defendant’s car.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult under the influence of alcohol, and led the victim F to the injury of brain-dead sugar, etc., which does not have any one in two open for a period of three weeks, and the victim H(31) who is the passenger of the damaged vehicle, for about two weeks of medical treatment.

2. Around 00:47 January 14, 2017, the Defendant driven a vehicle with the highest alcohol level of 0.185%, while under the influence of alcohol, from the 10km section from the 10km to the Hacheon-si roads in the Hacheon-si, Got Jeju Jeju Island.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, a report on the detection of a driver of a primary driving and a report on the circumstances of a primary driving;

1. Written estimate and each written diagnosis;

1. Application of the Act and subordinate statutes to cover on-site photographs, fluor video images of damaged vehicles, and to file files of damaged vehicles;

1. Relevant Articles of the Act and specific crimes concerning the crime.

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