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(영문) 인천지방법원 2018.06.11 2018고단2286
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than nine 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 00:20 on February 14, 2018, the Defendant driven Csch Rex motor vehicle under the influence of alcohol concentration of about 0.198% from the section of approximately 800 meters of alcohol during blood, to the front road of Yeonsu-gu Incheon Metropolitan City Yeonsu-ro 84, Yeonsu-ro Garo 84, Yeonsu-gu, Yeonsu-gu, Incheon.

2. The Defendant is a person engaged in driving a car with Csch Rexroth in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

The Defendant, while under the influence of alcohol concentration of 0.198% in blood at the time of the day set forth in paragraph 1, was driving the said car with the alcohol concentration of 0.19%, and changed the two lanes from the 84-lane in front of the Yeonsu-gu Incheon Metropolitan City Pung apartment No. 84 to the 40-lane in order to change the lane to the one-lane in the front of the 84-lane in front of the Songdoung apartment.

At the same time, the victim D(53) driver E is driving on the same line, and in such a case, the person engaged in driving a motor vehicle has a duty of care to live well in the movement of the above cargo and to change the lane safely.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle in a situation where normal driving is difficult due to the influence of alcohol as above, and led to the negligence of driving the vehicle at the front of the driver’s length. The lower part of the back part of the Round Round, which continued on the one-lane road, was left part of the front part of the said car.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as the thirregroid mal colongrosis, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, field photographs, tidal waves, photographs of damaged vehicles, etc.;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A medical certificate, an additional medical certificate, legislation.

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