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(영문) 인천지방법원 2018.08.13 2018고단2997
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 engaged in driving a Crentop car.

On February 6, 2018, at around 04:50, the Defendant driven the above vehicle while under the influence of alcohol content of 0.122% in blood on the front of the long-distance of 334-1 prime city, Nam-gu, Incheon, Nam-gu, Incheon, and led to moving to the right angle in the direction of the direction of the Incheon Viewing direction.

In such cases, 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 has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so, and neglected to do so, caused the part of the back of the victim D(56 tax) driven by the bypass in the same direction as that of the victim D(56) who is going to the bypass, to the part of the Defendant’s vehicle front part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C rocketing car under the influence of alcohol with approximately 2 km alcohol content of about 0.122% in blood, from the influent land of the Nam-gu Incheon Metropolitan City (Seoul) to the art of the same city-dong to the art of the same city-dong to the art of the same city-dong (34-1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and accompanying documents (such as photographs of the accident scene);

1. A statement on the circumstances of the driver's license; a report on the detection of the driver's license; and a black and video CD;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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