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(영문) 인천지방법원 2018.02.21 2017고단9099
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. Around October 14, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a C-Apurd motor vehicle with alcohol concentration of 0.224% in blood at around 20:50, while under the influence of alcohol in the direction of Jung-gu Incheon, Jung-gu, Incheon, and made a turn to the left at a speed of 10 to 20km in the direction of the airport district at a speed of 10 to 10km in the direction of the heat combination power plant.

Since the location is an intersection where signal lights are installed, the person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and keeping the right and the right of the road well.

Nevertheless, the Defendant neglected to make a left-hand turn due to the negligence in violation of the signal and received the part of the victim D (51) and the pentum in front of the left-hand car and the pentum from the Defendant’s right-hand side after the Defendant’s vehicle.

As a result, the Defendant driven the said Aburged vehicle under the influence of alcohol that is difficult to drive in a normal condition, and suffered from the injury of the victim D, such as the pipe and tension of the said burgical part of the said burged part of the said burged part of the burged part of the burg and the tension, etc., and the injury of the said burging part of the burged part of the first burged part of the said burged part of the burged part of the burged part of the burged part of the bur

2. Defendant 1 driving a motor vehicle with a blood alcohol concentration of about 50 meters at approximately 0.224% under the influence of alcohol at the section of approximately 50 meters from the city of Jung-gu Incheon, Jung-gu, Incheon, the city of the same day as the above 1, to the front-distance intersection of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of the F;

1. The application of Acts and subordinate statutes, such as a survey report on actual conditions, photographs, and alcohol appraisal report on blood, and medical certificates;

1. The injury resulting from the driving of risk as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: the first sentence of Article 5-11 of the Act on the Aggravated Punishment, etc

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