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(영문) 인천지방법원 2018.08.13 2018고단3869
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. The Defendant is a person engaging in driving a vehicle BM 320i in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 17, 2018, the Defendant, while under the influence of alcohol content 0.178% among blood transfusions on May 22:50, 2018, had four-lane roads in the 343-lane 73 (on the south-gu Incheon Metropolitan City) due to the tin of the 343-lane Do, Nam-gu, Nam-gu, Incheon, the Defendant proceeded at an insular speed according to two-lanes from the IC bank on the fluence of drawing.

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 since the victim C is driving at night and is driving on the front side of the three-lane road, there is a duty of care to change the lane by operating the direction, etc. in advance, giving prior notice of change of course and making it possible for the driver to change the lane.

Nevertheless, under the influence of alcohol, the Defendant was negligent by occupational negligence in the course of changing the lane without operating the direction, etc., and without examining the right and the right of the front, and received the back part of the left part of the above vehicle operated by the Defendant as the front part of the right of the vehicle operated by the Defendant.

After all, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, and caused the injury to the victim E, who is the same passenger of the above victim and the damaged vehicle, such as salt, tension, etc. for about two weeks in need of medical treatment.

2. Defendant 1 driven BMW 320i vehicles under the influence of alcohol concentration of approximately 0.178% from the 30km section of the above 30km-ro, Nam-gu, Incheon, Nam-gu, to the roads in front of 73 o.e., the 30km-ro, Nam-gu, Seoul at the time of the day as described in paragraph (1) above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident and accident;

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