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(영문) 인천지방법원 부천지원 2017.04.14 2017고단120
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 vehicle C with a driver’s license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 15, 2016, the Defendant was under the influence of alcohol concentration of 0.134% from blood transfusions around 00:40 on November 15, 2016, and was under the influence of alcohol level of 0.134% on the three-lane roads in the direction of the original religion shooting distance on the roads in the direction of the next three-lane roads in the Orcheon-si, Busan.

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 safely driving the motor vehicle, such as making a good report on traffic situation and accurately manipulating steering equipment, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving by negligence while driving a vehicle in which normal driving is difficult due to negligence, and the victim E (47 S) who stops in the aftermath of the aftermath, and shocked into the part of the Defendant’s vehicle behind the above vehicle by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On July 6, 2009, the defendant violated the Road Traffic Act (drinking driving) was sent to juvenile protection by the Incheon District Public Prosecutor's Branch Office of the Incheon District Public Prosecutor's Office due to the crime of violating the Road Traffic Act (drinking). On June 11, 2010, the defendant had the record of sending juvenile protection for the same crime at the same public prosecutor's office.

The Defendant driven at approximately 2 km from 310, 227-1, Hacheon-si, Hacheon-si, from 310 to 227-1, under the influence of alcohol leveling 0.134% during the day-to-day alcohol level among blood transfusions like paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal accidents, etc. and investigation reports (referring to reports on the statements of victims);

1. Report of the circumstances of driving at home, report of the circumstances of driving at home, notification of the results of crackdown on driving at home.

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