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(영문) 인천지방법원 2017.08.31 2017고단4146
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK7 cars.

On April 2, 2017, while under the influence of alcohol 0.194% during blood transfusion, the Defendant driven the said K7-lane D-do four-lanes in front of the Southern-gu Incheon Metropolitan City, which led to the running of the said K7-lanes in the direction of the master’s distance from the direction of the master’s distance to the 30-km speed.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly operate the front-time and brakes of the Defendant, was bread to the front-end part of the victim E(64 years old), which was parked in the front-round drive of FK5 in the front-round drive of the victim E(64 years old).

Ultimately, the Defendant driven the said K7 car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim G(31) who was on board the said K5 passenger car in need of approximately two-day medical treatment, such as the cream, tension, etc., and suffered injury to the victim G(31) who was on board the said K5 passenger car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the G production;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report and a photograph of a black stuffe image by capturing up the screen;

1. Application of Acts and subordinate statutes to internal investigation reports and medical certificates;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) 1.

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