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(영문) 인천지방법원 2018.04.18 2018고단454
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

The defendant is a person who is engaged in the duty of driving B kniff vehicles.

On December 30, 2017, the Defendant: (a) driven the said car-generating vehicle in a state of difficulty in normal operation, such as under the influence of alcohol level of 0.196% during blood transfusion, and the galm is in a remote distance and in the inside of the inside of the inside, and led the Defendant to drive the said car-generating vehicle along three lanes in front of the Gyeyang Stak Stak Stak Stak Stak Stak Stak Stak, Incheon, in the direction of 942, along three lanes.

At the time, the victim C(40) is waiting for the signal and was stopped, so in such a case, a person engaged in driving a motor vehicle has a duty of care to look at the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the front part of the vehicle in front of the vehicle in question, following the vehicle in front of the vehicle in question.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in need of approximately two weeks of treatment on the part of the victim E (10 Does) who is the passenger of the foregoing car engine, on the part of the victim E (10 Does) in need of approximately two weeks of treatment.

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. A survey report on actual conditions;

1. Each photograph;

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the application of the above dmark);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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