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(영문) 인천지방법원 2017.04.26 2017고단564
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 one year 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 with the highest bid in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 1, 2016, at around 14:30, the Defendant proceeded along two lanes from the direction of the dialogue elementary school to the direction of the drawing distance on the road of three-lanes in south-gu Incheon Metropolitan City C.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol content 0.208% in blood, was negligent in driving a vehicle with the above low alcohol while making it difficult for the Defendant to drive in a normal condition, and received the victim D (WWE 58 years old) by negligence, followed by the E-Wz E300 passenger cars used in this 58 years old E-WW 1, and then received the panion.

As a result, the Defendant driven the said low-water vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the salt panion requiring approximately two weeks medical treatment.

2. On December 14, 2016, the Defendant, while under the influence of alcohol 0.208% during blood transfusion, driven a vehicle with low alcohol alcohol level from around 14:30 on December 14, 201, and proceeded with a distance of approximately 500 meters from the front of the 41-day beauty collection road in Incheon Southern-gu, Incheon, to the front of the same Gu C at a distance of about 201 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Relevant provisions 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 concerning the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment, and the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of the total of the long-term punishments prescribed for each of the above crimes) of the Aggravation of Concurrent Crimes.

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