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(영문) 인천지방법원 2017.05.11 2017고단1364
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 December 04, 2016, the Defendant was under the influence of alcohol with approximately 0.130% alcohol concentration in blood from the 3km section of approximately 3km from the 1399 test road to the Bupyeong-gu in Bupyeong-gu in Incheon City, Bupyeong-gu, Incheon, at around 04:35, the Defendant was under the influence of alcohol with the 0.130% alcohol concentration in blood.

2. The Defendant is a person who is engaged in driving a motor vehicle with a lurbed lurged vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Defendant 1, while under the influence of alcohol of 0.130% in blood at the two-lanes in the middle of Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City, Bupyeong-do, 273, the two-lanes in front of Bupyeong-gu, Incheon Metropolitan City, the two-lanes of the four-lane, the alcohol concentration in blood was driven by about 60km in the parallel of operation.

In this case, the driver of the vehicle has a duty of care to take the front and right and the right and the right and the right and the right of the driver of the vehicle, and to accurately manipulate the steering gear and brakes so as to prevent the accident in advance.

Nevertheless, under the foregoing, Defendant 1 was under the influence of alcohol and was negligent in proceeding as it was, and the part of Defendant 1’s back part of the victim C (Y, 64 years old) driving, which was in the atmosphere of signal at the passenger vehicle front line of the Defendant’s passenger car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim C and the victim E (the 36th and the 36th and the 36th) who is the passenger of the said taxi, for each of three weeks, such as light dump, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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