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(영문) 인천지방법원 2018.02.07 2017고단9249
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

1. Around November 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was drunk at a point of 90.6km in the Bupyeong-gu, Incheon, Busan, the Mansan-dong, at a point of 0.126% alcohol concentration in blood, from the point of 90.6km outside Seoul, and proceeded to a two-lane in the speed of 30-40 kilometers from the front intersection to the front intersection of the street.

At the same time, since the vehicle was operated by the well, there was a duty of care for the person engaged in driving service to see well the right and the right of the front and the right and the right of the front and the right of the front and the right of the front and the right of the front and the right of the steering system

Nevertheless, in the situation where it is difficult for the Defendant to drive a motor vehicle normally due to the above influence of alcohol, the Defendant: (a) was found late to find out the Erocketing motor vehicle driven by the victim D from three lanes to two lanes; and (b) was caused twice by the Defendant’s negligence in the course of business to follow the Erocketing motor vehicle in order to take a hub.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the injury to the victim F, a passenger of the E rocketing car, caused about three weeks of treatment to the victim F.

2. Around November 15:40, 201, the Defendant violated the Road Traffic Act (drinking) driven a c rocketing car with approximately 50km alcohol content 0.126% from the 50km section to the point of 90.6km away from the ju Trading parking lot located in the Dong-dong, Gwangju-si to the point of Busan Bupyeong-gu, Busan, Bupyeong-gu, Seoul, to the point of 90.6km away from the 50km section of alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. The application of Acts and subordinate statutes to the survey report on actual conditions, the statement of the situation of the driver in charge, and the written diagnosis;

1. The fact that the crime is injured by driving of danger as provided in the corresponding provision of the Act: Aggravated punishment, etc. of specific crimes.

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