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(영문) 인천지방법원 2018.12.12 2018고단7986
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. Around October 21, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), around October 21, 2018, in a state that it is difficult to drive a motor vehicle normally on the front side of Seo-gu Incheon Metropolitan City, due to the influence of alcohol leveling 0.121% of the blood alcohol level during blood, the Defendant driven a motor vehicle with C low-speed string at a speed of about 20km each hour between the two-lanes.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by reporting the traffic situation well and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected this and failed to operate the brake system on the front side by negligence, which caused the Defendant to stop for left-hand signal to the left-hand turn, and received the part of the Defendant’s front-hand part of the E Lastren car drivened by the victim D(30 ) which was driven by the Defendant.

As a result, the Defendant driven the said low-speed car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of approximately two weeks medical treatment to the victim.

2. Around October 21, 2018, the Defendant violated the Road Traffic Act (divated driving) driven a car with Crops under the influence of alcohol at the section of about 2km from the south coast of tin to the place indicated in the foregoing paragraph 1, around October 21, 2018, the Defendant driven a car with Crops while under the influence of alcohol at about 0.121% from the 2km section of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing danger driving) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the act of driving under drinking)

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