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(영문) 인천지방법원 부천지원 2017.02.10 2017고단107
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 17, 2016, around 03:15, the Defendant moved the front road of the 84 U.S. police station in front of the 311-gil, Seocheon-gu, Seocheon-si, Seocheon-gu, Seocheon-si, into the elbow village surface from the high-priced bank.

At the time, there was a duty of care to prevent accidents in advance due to safe operation, such as reducing speed in advance to a person engaged in driving a motor vehicle at night, reducing the speed of the motor vehicle, properly operating the steering gear, and accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol content 0.131% in blood, was unable to drive normally due to drinking while making it difficult to drive normally, but not to reduce speed, and received the part of the victim C(61) driving in the atmosphere of Madin signal due to a broad rounding negligence, which was the front part of the Defendant’s vehicle.

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

2. The Defendant violated the Road Traffic Act (drinking) driving a B spke car in the state of alcohol alcohol 0.131% of alcohol concentration in blood at approximately 300 meters from the road near the alley of a drinking fright located in Seocheon-si, Seocheon-si to the place of traffic accident in paragraph (1) on a daily basis, which is identical to paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Statement report on circumstances, report on the results of crackdown on drinking driving, and report on actual condition survey;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol), and each decision of imprisonment shall be made.

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