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(영문) 인천지방법원 2018.04.06 2017고단9298
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 27, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) was driving the E-Poter in front of the D cafeteria in Incheon strengthened C with alcohol concentration of 0.170% in blood, while under the influence of alcohol at around 16:30 on October 27, 2017, and led to the rapid speed in the direction of reinforcement and Eup in the direction of transmission.

Before the same direction, the driver of the vehicle was obliged to safely drive the vehicle and prevent the accident by safely driving the vehicle, such as taking into account the traffic situation of the vehicle, accurately operating the steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant was unable to avoid stopping of the vehicle to a signal signal due to the negligence of not operating the operation of the operation system properly while neglecting this, and the Defendant was in front of the above-mentioned cargo vehicle of the Defendant, and was in part following the driver’s vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dynasium and tension in need of medical treatment for about two weeks.

2. On October 27, 2017, the Defendant driving a E-Poter under the influence of alcohol concentration of approximately 0.170% in the section of approximately 2.8km from the 35-16 Do to the front road of the D cafeteria, Incheon strengthened, as prospected for the Incheon Strengthening Trooning, around 16:30 around October 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A medical certificate;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, notification of the results of regulating drinking driving, and the statement report on the circumstances of drivers of drinking;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 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 of them shall be punished by imprisonment.

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