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(영문) 인천지방법원 2018.10.05 2018고단5687
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. The Defendant is a person who is engaged in driving a cruise car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 14, 2018, the Defendant driven the said car under the influence of alcohol level of 0.123% from blood alcohol level around 01:40 on June 14, 2018, and led the Defendant to turn to the left at the backside of the original mountain tunnel through the intersection of office distance of 511 in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with the signals of signal apparatus installed at the intersection.

Nevertheless, the Defendant did not properly confirm the signal while under the influence of alcohol and violated the signal of two direction straight signals, thereby making a left turn to the left, and thereby receiving the part of the victim D(64 ) driving at the intersection in accordance with the new code from the right angle to the right part of the said cruise car.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injury such as chills, tensions, etc., in which the said victim D needs to be treated for about three weeks, suffered injury to the victim F, who is the passenger of the said taxi (the victim F, who is the passenger of the said taxi, about 6 weeks of age), such as the spathal of the spath, etc. requiring approximately 3 weeks of medical treatment, and suffered injury such as an open spath, etc. on the following bridge part, which requires approximately 47 weeks of medical treatment to the same passenger G (the victim G).

2. The Defendant is driving a vehicle under the influence of alcohol level of 0.123% in a section of about 2 km from the front of the department store to the place of the said accident, on the daily border and Bupyeong-gu Incheon Bupyeong-gu, such as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A G statement (the occurrence of a traffic accident);

1. Investigation report (report on the situation of the driver in charge); and

1. The occurrence of a traffic accident;

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