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(영문) 인천지방법원 2017.09.27 2017고단4582
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

1. The Defendant is a person who is engaged in driving a vehicle B i30 in driving a vehicle.

On May 11, 2017, the Defendant driven the above car at around 18:17, and driven the road of four-lanes in front of the Nam-gu Incheon Metropolitan City, Nam-gu, according to three-lanes from the fishery Dong to the private distance at the entrance of the fenced village.

Although a person who is engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by properly operating a steering gear, the defendant neglected this duty and neglected to drive the motor vehicle in a state where normal driving is difficult due to alcohol concentration of 0.087% while under the influence of alcohol during blood, and the defendant's e-driving of the victim D(26 ) who was waiting for a signal signal at the front bank and shocked the back part of the motor vehicle in front of the motor vehicle i30 vehicle.

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

2. Around 18:10 on May 11, 2017, the Defendant, while driving a Bi30-car, was under the influence of alcohol concentration of 0.087% during blood, proceeded with approximately 200 meters from the Do in front of the entrance of the Nam-gu Incheon East-gu Fisheries Zone to C in front of the road while under the influence of alcohol concentration of 0.087%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment, and the choice of imprisonment);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the total of the long-term punishments prescribed for each of the above crimes is aggregated) shall be aggravated for concurrent crimes;

1. Article 62(1) of the Criminal Act (amended by the Presidential Decree No. 1060, Jan. 1, 2006) provides for the following reasons.

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