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(영문) 인천지방법원 2018.06.11 2018고단2266
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 12, 2018, the Defendant: (a) driven C cab while under the influence of alcohol content of about 0.216% in the section of approximately 3km from around 17:50 to around 320 meters away from the Do in front of the cafeteria cafeteria, Incheon, Incheon, Incheon, to the horizontal road.

2. The defendant is a person engaged in the business of driving the above C Poter Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

The Defendant driven the above vehicle while under the influence of alcohol concentration of 0.216% during the blood transfusion at the time of the day indicated in paragraph 1, and proceeded at approximately 40 km from the surface of the water at the 2-lane 320-lane in the direction of Incheon reinforcement-gun, the Defendant driven the ecopic car of the victim D (36 years old) driving prior to the passing of the two-lane 320-lane in the direction of the city.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol in any case, and there was a duty of care to overtake the motor vehicle in a safe way by checking the progress of the damaged motor vehicle well and to change the lane.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while it is difficult for him to drive under normal conditions, and went ahead beyond the center line as it is, and received the above fish code car driving seat and left left turn at the ben-hand intersection. The Defendant was on the front right-hand part of the above passenger vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as the escape from the 4-5 conical signboard, which requires approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, an accident scene photograph, and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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