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(영문) 인천지방법원 부천지원 2018.08.17 2018고단1548
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

1. The Defendant is a person who is engaged in driving a vehicle B to which he/she is a person who is in charge of driving a vehicle B to which he/she is a vehicle B.

On May 11, 2018, the Defendant tried to enter the road by driving the above vehicle that was parked on the front road in Busan City while under the influence of alcohol 0.228% while under the influence of alcohol among the blood transfusion around 22:50.

Since the place has a lot of traffic, the driver is prohibited from driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and the driver has a duty of care to report the traffic situation well and to safely operate the steering direction and brake system in a safe manner to prevent accidents by driving the motor vehicle.

Nevertheless, the defendant neglected to drive his vehicle in a state where normal driving is difficult due to influence of drinking, and the victim D is driving on the road, and the part of the E-learning vehicle driving by the victim D was shocked by the front driver of the vehicle driving by the defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, in which approximately two weeks of treatment is required.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven a vehicle B Povoon, while under the influence of alcohol content of 0.228% in blood at the time, time, and at the one-meter section of the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. A survey report on actual condition and an accident scene photograph;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each decision of imprisonment shall be made.

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