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(영문) 인천지방법원 부천지원 2017.11.24 2017고단2324
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

The defendant is a person who drives a car in B SP as a duty.

On September 2, 2017, the Defendant: (a) driven a motor vehicle in the direction of 0.120% alcohol during blood in front of 201 U.S. apartment 201, U.S., which is the 4-ro of Kimpo-si Kimpo-si, Kimpo-si, Kimpo-si on September 2, 201; and (b) driven the motor vehicle in the direction of Incheon on the side of Seoul.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by driving safely pursuant to traffic signals.

Nevertheless, under the influence of alcohol, the Defendant, while driving a motor vehicle in the above SP in a state with low judgment and net power, took the front part of the left side of the motor vehicle of the Category C(43) of the D PP that is drive to Seoul to the left from the reinforcement side of the signal due to the negligence of violating the signal, and received approximately two weeks of the above SPP, and suffered the victim’s salt, tensions, and tensions, etc.

As a result, the defendant driving a motor vehicle in a state where it is difficult to drive due to influence of alcohol, resulting in an injury to the victim in a traffic accident, and driving a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and investigation report (Investigation of black stuffs and videos);

1. Investigation report on the actual traffic accident, report on the occurrence of a traffic accident and report on the circumstances of the driver of the primary driving;

1. A medical certificate;

1. Photographs of vehicles;

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

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

1. The Criminal Act, the suspension of execution;

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