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(영문) 인천지방법원 부천지원 2017.03.24 2017고단202
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

1. The Defendant is a person engaging in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 7, 2017, the Defendant, while under the influence of alcohol content 0.131% from blood transfusion around 10:0, the Defendant, at around 10:0, proceeded with the front road of Seocheon-si C in the middle-dong basin from the citizens' hall.

At the time, there was a vehicle that was stopped on the part of the defendant's running direction, so in such a case, there was a duty of care to drive safely the vehicle with the safety distance from the vehicle driving.

Nevertheless, the Defendant: (a) caused the victim D(56) (S) who was under a stop due to negligence due to the driver’s negligence while driving in a state where normal driving is difficult under the influence of alcohol; (b) caused the part behind the vehicle by the Defendant to the front part of the Defendant’s vehicle; (c) caused the above damaged vehicle to shock the part behind the G Ra Ra Ra Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, while driving under the influence of alcohol; and (d) caused the above damaged vehicle to shock the part behind the vehicle by the victim H (W, 44) who was under the atmosphere while driving under the influence of the vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as climatic salt in need of approximately three weeks of treatment, the injury to the victim F, such as climatic salt and pelvis in need of approximately two weeks of treatment, the injury to the victim J (Y, 23 years of age) who is the fluor, requiring approximately two weeks of treatment, the injury to the fluorum fluorum base in need of approximately two weeks of treatment to the victim H, and the injury to the victim K (11 years of age) in need of approximately two weeks of treatment to the fluor.

2. The defendant, who violated the Road Traffic Act (drinking driving), is 0.131% of alcohol concentration among the blood transfusions of the same day as the above paragraph.

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