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(영문) 인천지방법원 2018.08.22 2018고단658
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 a motor device bicycle.

On June 28, 2017, the Defendant, while under the influence of 01:55, 01:0.210% around 0.25, operated the motor bicycle, and made it left left at the intersection of the sublime of Incheon Nam-gu from the shore of the waterpool to the territh of sublim.

Since there is an intersection where signal lights are installed, there was a duty of care to observe the signal and prevent traffic accidents in advance by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and was negligent in driving at the left-hand turn due to influence of drinking, and was driven by the victim D(60) who was in the left-hand turn from the entrance of the entrance of the South-gu office to the water breath, and was driven by the victim D(60).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

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 against D;

1. A traffic accident report;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of the statutes on traffic accident analysis;

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

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 53 and Article 55(1)3 of the Criminal Act to mitigate small amount (i.e., reflective circumstances, such as the violation of any provision and the degree of injury suffered by the victim)

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. Social service order under the Criminal Act;

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