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(영문) 인천지방법원 2018.04.11 2018고단458
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

1. On November 20, 2017, the Defendant driven Cpoter II cargo vehicles while under the influence of alcohol content of about 0.219% from around 583-11 to around 42 km-gu Incheon Bupyeong-gu, Suwon-gu, Suwon-gu, Suwon-si, Suwon-gu, Suwon-gu, Seoul-do, and around 11:30 on November 20, 2017.

2. The Defendant is a person who is engaged in driving of Category C Ⅱ trucks.

On November 20, 2017, at around 11:30, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, and driven the three-lane road in front of the Incheon Bupyeong-gu, Incheon along the two-lanes from the offline of the common distance.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving on the front side and the left side.

Nevertheless, the Defendant neglected to stop a victim D (37 tax) Echip car driving in the front direction of the course due to negligence while driving the car at the driving direction, and did not avoid the situation, but suffered injury to the victim, such as salt, tensions, etc., which require approximately two weeks of treatment for the above cargo lane.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A report on detection of the driver in charge and on-site photographs;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;

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