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(영문) 인천지방법원 2018.01.11 2017고단8416
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 DNA motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 4, 2017, when the Defendant is unable to drive normally due to the influence of drinking, such as inafluence of alcohol concentration of 0.271% in blood at around 23:50, the Defendant driven the said vehicle while driving the vehicle and driving it along the same lane from the edge of the same distance on the side of the same distance as that of the influence of the Incheon Bupyeong-gu, Incheon, to drive the vehicle and driving it along the opposite lane.

Since a signal, etc. is installed and traffic control is carried out, a person engaged in driving service has a duty of care to reduce speed and drive safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, led the victim G (58 Does) who continued to follow the front part of the Fworket taxon vehicle driven by the victim E (56 Does) in front of the vehicle driven by the Defendant, with the front part of the victim E (58 Does) driven by the Defendant’s vehicle and continued to follow the front part of the vehicle driven by the Defendant.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E, such as climatic salt, etc. which requires a two-day medical treatment, injury to the victim I (54 years old) who is the passenger of the victim E, such as the right shoulder, which requires a two-day medical treatment, and injury to the victim G, such as climatic salt, which requires a two-day medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) from the roads around Samsung Cown-gu, Incheon, Bupyeong-gu to the places of accidents described in paragraph 1.

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