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(영문) 인천지방법원 2017.10.18 2017고단5437
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

On June 6, 2017, the Defendant driven the above car at around 22:50, and led the two-lanes in front of the D, located in Incheon Bupyeong-gu C, Incheon, bypassing it from the direction of the mountain.

In spite of the fact that a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by properly operating the steering direction and brakes well, the defendant neglected this duty, and caused the latter part of the Fravied Driving of the Victim E(49 years old) who was in the atmosphere of the signal signal on the opposite side due to the negligence that the center line of the yellow-ray driver was obstructed by the 0.160% alcohol concentration in the blood while driving a motor vehicle while being unable to drive the motor vehicle normally under the influence of 0.160% under the influence of alcohol in the blood.

Ultimately, the Defendant suffered injury to the victim, such as finite dinites, requiring approximately two weeks of medical treatment due to occupational negligence as above.

2. On June 6, 2017, the criminal suspect violated the Road Traffic Act (drinking driving) driven a BS-type car at the section of about 3km from around 0:160 percent of alcohol content among blood transfusion at around 22:50 on June 6, 2017 to the front day of D located in the same Gu C from the Bupyeong-gu Bupyeong-gu Bupyeong-dong Market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the detailed statement report, traffic accident report, each photograph, and medical certificate concerning the driver at the main place of business;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury to the driving of a dangerous driving of a punishment: Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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