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(영문) 인천지방법원 2018.03.28 2018고단553
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On January 7, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.155% during blood transfusions, and continued to proceed from the parallel parallel parallel 97 lanes, the marth of which is about 50km from the parallel mar, the marth of the marth of the marc of 197 in Incheon Gyeyang-gu, to the parallel IC at the speed of about 50km.

At the time, the Defendant, under the influence of alcohol as above, was in a state of difficulty in normal driving, such as red, inaccurate, walked, and walked, and there was a vehicle temporarily stopping in the signal atmosphere on the front side. In such a case, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle while under the influence of alcohol, and even if he/she drives the motor vehicle, he/she has a duty of care to take care of the situation of the electric-way vehicle, to accurately manipulate the steering gear and prevent the accident by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while making it difficult for the Defendant to drive under the influence of alcohol in a normal condition while driving, and the part behind the DST5 car driven by the victim C (the 54 years old) who was under a temporary stop in the signal waiting at the front of the horse was turned into the front part of the said car, and the above SM5 passenger car was driven by the victim E (the 29 years old) who was under the influence of the said SM5 passenger car while temporarily stopping in the front of the vehicle.

As a result, the defendant suffered from the victim C with tensions, tensions, etc. in need of approximately 2 weeks of medical treatment, and the victim E with multiple diversity in need of medical treatment for about 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement C and E (the occurrence of traffic accidents);

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

1. Application of Acts and subordinate statutes of subparagraph (E), written diagnosis (C);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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