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(영문) 인천지방법원 2018.07.25 2018고단3537
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a vehicle for riding CM3.

On March 27, 2018, the Defendant driven the said car under the influence of alcohol content of 0.144% in blood around 05:10 on March 27, 2018, and 406-ro, south-gu, Incheon, south-gu, Incheon, along the road of 4-lanes in front of the savings bank, was driven at about 60km in speed from the long-distance side of the savings bank to the long-distance of the old community center.

At the time, the signal is installed at night and at the front, and the center line of yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving service should operate safely with the signal and the signal.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, proceeded with a red signal while driving over the center line, and led to the Defendant’s driving of the victim D(26 ) E-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, thereby causing injury to the victim, such as salt pans, tensions, etc. in need of treatment for about three weeks, and at the same time damaged the victim’s driving by exchanging the front pans in front of the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident, place and photograph of the accident, photograph of the victim, and photograph of the damaged vehicle;

1. Statement of the circumstances of the driver involved in the relevant driving and report on the detection of the driver involved in such driving;

1. Application of Acts and subordinate statutes to a copy of a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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