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(영문) 인천지방법원 2017.05.17 2017고단691
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On January 16, 2017, the Defendant driven the said car under the influence of alcohol level of 0.151% from blood alcohol level around 19:31, and proceeded at a speed of about 60-70 km from the keheading side to the airport new city of Jung-gu Incheon, Jung-gu, Incheon, along three lanes.

In such cases, the driver of the motor vehicle has a duty of care to live well on the right and the right and the right of the driver of the motor vehicle, and to prevent the accident in advance by safely driving in accordance with new

Nevertheless, when the defendant was unable to properly see the front side due to negligence of the defendant's vehicle under the influence of alcohol, the defendant was placed in front of the defendant's vehicle operated by the victim D (W, 39 years old) who was standing in front of the defendant's vehicle. This led to the victim F (22 years old) who was driving in front of the driver's vehicle under the influence of alcohol and stopped in front of the driver's vehicle.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol while having difficulty in driving a motor vehicle due to a short distance of walking, suffered injury to the victim H (19 years old), who is the passenger of the said M-M-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, and H;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, photograph, etc., a statement on the situation of the driver in charge, and a medical certificate;

1. The driving of a motor vehicle causing bodily harm to the driving of a motor vehicle under each relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. The crimes provided for in Articles 40 and 50 of the Criminal Act (the Act on the Aggravated Punishment, etc. of Specific Crimes(the Act on the Aggravated Punishment, etc. of Specific Crimes) are committed.

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