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(영문) 인천지방법원 2017.01.12 2016고단7621
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2016, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving of alcohol) (driving of a motor vehicle) driven a motor vehicle with a blood alcohol concentration of 0.142% under the influence of alcohol around 14:27 on October 12, 2016, and proceeded with a section of about 7 km from the roads on the new distance of a engineer in the south-gu Incheon Metropolitan City, Seo-gu, the Seo-gu, Incheon, to the point of 6.2km in the direction of Seoul Highway, the first Gyeong-gu, Incheon.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven at the speed of 0.142% in alcohol concentration in the blood during the border of the Incheon Seo-gu, Seo-gu, Incheon, while under the influence of paragraph (1) 1, driven the car of the first-lane highway, one of three lanes in the direction of Seo-gu, Incheon, thereby driving the car at the speed of about 80km in the direction of Seoul in the direction of the Incheon port.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while neglecting this, failed to properly operate the front city and brakes in the front bank due to the negligence of not operating the front city and brakes properly, caused the part of the lower part of the D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant, while driving a car in the above SP area due to the influence of alcohol that is difficult to drive normally, suffered from the injury of the victim, such as culp salt for about three weeks in need of medical treatment.

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 at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. The ledger using the measuring instruments for drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes against criminal facts

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