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(영문) 인천지방법원 2017.01.25 2016고단7966
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

[criminal history] On March 10, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court. On July 26, 2016, the Incheon District Court received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle B in B non-sponon on October 18 and 5, 2016, and the Defendant transferred the lower distance of 77 in accordance with the enclosed water of Incheon Dong-gu, Incheon to the Incheon Medical Center from the high speed of the transmission (the injury caused by dangerous driving).

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to prevent accidents by thoroughly driving the vehicle in front and safely driving the vehicle.

Nevertheless, under the influence of alcohol, the injured party C (66) who was in the atmosphere of the signal signal at the opposite part of the central line due to negligence, while driving under the influence of normal driving due to neglect of this, was driven by the driver in front of the said non-owned vehicle in front of the said non-owned vehicle.

As a result, the Defendant driven the said non-stop vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment to the victim.

2. On October 19:46, 201, the Defendant was driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant and sprinking on the face of the police station E system in Incheon, which was called out for the foregoing traffic accident from the lower F of the Incheon Central Police Station E system, on the ground of the foregoing traffic accident, from around 7, 2016, the Defendant driven under the influence of alcohol.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument.

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