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(영문) 인천지방법원 2018.03.21 2018고단162
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 of Crain cars.

On December 20, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.122% during alcohol level from around 20:15 on December 20, 2017, while driving the said vehicle, and driving the three-lane front of the E in Incheon Gyeyang-gu, Incheon, at the speed of about 50km from the long-distance bank to the long-distance bank.

At night at the time, the victim F(56) Gbenz vehicles used in the driver's Gbenz in the front side were in the atmosphere for left-hand turn, so there was a duty of care to look at the front side and to prevent accidents by accurately manipulating the brake system in advance.

Nevertheless, the Defendant was negligent in driving in a state where it is difficult to drive normally due to influence of drinking, such as a distance which is incorrect and walking, and received the rear part of the Defendant F’s vehicle in front of the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim F, such as finite finites, which requires approximately two weeks of medical treatment, and the injury to the victim H, who is the passenger of the victimized vehicle, to whom approximately two weeks of medical treatment is required for approximately 65 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. A H statement;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on driving alcohol;

1. Each photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime 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;

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

1. Selection of each sentence of imprisonment;

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 Code of the Suspension of Execution (which reflects the nature of the offense, and is a particular criminal history).

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