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(영문) 인천지방법원 부천지원 2018.05.30 2018고단957
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a B B B B B B B B car as a duty.

On April 4, 2018, the Defendant was under the influence of alcohol level of 0.173% among blood transfusions on April 4, 2018, and the Defendant was driving the said Tbluri-car on the front side of Seocheon-si, with the driving of the said Tbluri-ri-car from the south high level.

Any person who drives a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent a traffic accident by accurately operating the steering gear, brake system, etc. of the motor vehicle and by checking the left and right of the vehicle well.

Nevertheless, under the influence of alcohol, the Defendant driven the said Tbluri-car in a state with low judgment and net power, and changed the lane by negligence as to neglecting the above duty of care, and was driving the victim D(43) with the front part of the said Tbluri-car (43).

E With the back portion of the E Poter Cargo, the victim F (S 47) who was aboard the Poter Cargo D and the above Poter Cargo was suffered from the cat f (S) in need of approximately two weeks of treatment respectively.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, thereby causing injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of a traffic accident, on-site photographs of the accident, the circumstantial statement of the driver in charge, reply to requests for appraisal, and medical

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the following circumstances and alcohol concentration shall be given to the order to provide community service and attend lectures.

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