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(영문) 인천지방법원 2018.04.11 2018고단130
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 is engaged in driving a B Cromer slveing consortium B car.

On December 10, 2017, the Defendant, while under the influence of alcohol of 03:30% in blood, was driven by 0.129% in 0.129% in the south-gu, Incheon Metropolitan City, using three-lanes towards the distance of new engineer from the distance of the Olympic Park to the distance of the new engineer.

At this point, since it is an intersection where signal lights are installed, there was a duty of care to prevent accidents by accurately manipulating the steering side and the left and the right of the driver of the motor vehicle and accurately manipulating the steering side and the brake system.

Nevertheless, the Defendant neglected this and neglected to drive under the influence of alcohol, and caused the victim C(46 Do) who is waiting for a signal signal at the front time due to the negligence of neglecting to drive under the influence of alcohol, and caused the said cab to see the FK3 car driven by the victim E(57 years old) who was standing in the front time.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt ties, tensions, etc. in need of approximately two weeks of treatment, the injury to the victim G (55 years of age) who was seated in a taxi, the injury to the left part of the cage cage cages, etc. in need of approximately two weeks of treatment, and the injury to the victim E, such as cage cages, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C, G, and E;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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