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(영문) 인천지방법원 2018.07.18 2018고단4242
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 is engaged in driving of B-II cargo vehicles.

On April 19, 2018, around 04:50, the Defendant driven the above cargo vehicle while under the influence of alcohol concentration of 0.117% in blood, and led to the private distance of the old citizen center in the view of Incheon, at the view of Incheon, the Defendant driven the above cargo vehicle under the influence of alcohol concentration of 0.117%.

At all times, since the victim C driver's D B-V cruise car temporarily stops for the signal waiting, there was a duty of care to accurately manipulate the brake system and prevent the accident by accurately manipulating the brake system to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Defendant’s vehicle in front of the cargo vehicle of the Defendant and received the victim’s back part of the passenger vehicle.

As a result, the Defendant driving the Defendant’s cargo vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the Defendant’s base of salt in need of approximately three weeks medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures causes a traffic accident while driving a car in a state where it is difficult for the defendant to drive the car normally due to drinking.

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