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(영문) 인천지방법원 2018.04.20 2018고단318
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. Around December 4, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a road front of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, 121 centp, with a alcohol content of 0.149% in blood, while under the influence of alcohol, the Defendant driven a motor vehicle with B low-speed speed in the direction of the National Coast Guard of the Central Coast Guard of Jungbu-gu, Incheon, and led Pung to the right bypassing it to the speed of the city in the direction of the first direction.

In such cases, the driver of the vehicle has a duty of care to check the safety of the route and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and neglected so that the victim C (32 tax) who was stopped to make a right-hand prior to the collision due to the negligence of bypassing as it is, received the front part of the D-hand car driving seat in front of the suspect driving vehicle, which was driven by the victim C (32 tax).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C by the salt and tension in need of a two-day medical treatment for about two weeks, and the Defendant suffered injury to the victim E, a passenger of the said low-speed car, for about two weeks of medical treatment.

2. The summary of the evidence that Defendant Defendant 1 driven B low-water car in the state of alcohol alcohol concentration of approximately 0.149% in a section of about 200 meters from the Do in front of the Yeonsu-gu Incheon Metropolitan City Urban Commercial Building to the Do in front of the Yeonsu-gu Incheon Metropolitan City Urban Building, from the Do to the Do in front of Yeonsu-gu Incheon Metropolitan City Urban Building, while under the influence of alcohol content of about 121 centp.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of subparagraph (C) and (E);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

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