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(영문) 인천지방법원 2017.10.18 2017고단5430
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

The defendant is a person who is engaged in driving of a car by borrowing B.

1. Around 18:50 on July 8, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.184% from the 2km section from the 99-day, Seo-gu, Incheon Family to the same 304-day road.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car at a speed of about 40 km from the right edge to the new Public Security Center at a speed of about 30 km in the speed of Incheon, by driving the said car under the influence of normal driving due to the influence of alcohol on the above day.

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 there was a duty of care to prevent accidents in advance by properly manipulating the steering gear and brakes while living well.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to perform his duty at the front time, and was negligent in stopping in the same direction as the Defendant, and received the back part of the victim C (73 ) who was standing in the same direction as the Defendant, as the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as the climatic and the climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to medical records, photographs, actual condition survey reports, circumstantial statements by the driver at the main place, diagnostic records, and investigation reports;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury resulting from the selective driving of risk: The point of driving under the forepart of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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