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(영문) 인천지방법원 2017.11.29 2017고단6399
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 15, 2017, the Defendant driven the above cargo while under the influence of 00:01% alcohol during blood transfusion, and led to the front of the ‘Driart' road located in Jung-gu Incheon Metropolitan City, Jung-gu, to the king beach from the king Beach.

At the same time, signal lights were installed, and the victim E(30) driver was waiting for the signal signal at the front of the day, so in such a case, the driver had a duty of care to look at the front left and right well under a clean mind and to safely drive the steering wheel and brake system in a safe manner to prevent the accident by operating it in a safe manner.

Nevertheless, the Defendant had been negligent in driving in a state where normal driving is difficult under the influence of alcohol, and the part of the vehicle in front of the foregoing cargo vehicle was shocked by the vehicle in front of the foregoing vehicle.

As a result, the Defendant suffered from the injury caused by the above occupational negligence to the victim the injury caused by the external shock of the warning signboard that requires approximately four weeks medical treatment.

2. On June 15, 201, the Defendant was under the influence of the alcohol level of 0.167% from blood alcohol level around 00:01, the Defendant driven B Poter truck from the section of about 500 meters from the front of the Incheon Jung-gu Incheon Jung-gu, 893-12, the “Gangdo Campping Zone” to the front road of the “Driter” in the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A traffic accident report;

1. Application of a medical certificate (E), on-site photographing statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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