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(영문) 인천지방법원 2018.12.19 2018고단8354
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 of a motor vehicle with sod motor vehicle B.

1. Around 01:00 on September 12, 2018, the Defendant driven the said car under the influence of alcohol content of about 0.121% from the 1km section from the Yae-si and the parking lot of the Incheon Gyeyang-gu, Incheon, to the operation athletic park located in the same Gu and Gu from the parking lot to the front road of the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) Defendant 1 driven the said car at the above date and proceeded with the roads of three-lane lines in front of the Operation Sports Park in Gyeyang-gu, Incheon, Gyeyang-gu, at the speed of about 40-50km from the border of the upper high-priced large intersection, at the speed of about 40-50km per hour.

In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by properly manipulating the steering and brakes while living well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the back part of the D-si driven by the victim C who was under the influence of stopping was sent to the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim C (68 tax) in light of cryp finites, etc. requiring approximately two weeks of treatment, and the injury of the cryp finites, etc. to the victim E (V, 57) who was accompanied by the right side of the damaged vehicle, for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Statement of the circumstances of the driver in charge; and

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