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(영문) 인천지방법원 2018.06.11 2018고단2623
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. The Defendant is also a person who is engaged in driving a motor vehicle with a risk driving even in DCo.

On March 12, 2018, at around 15:20, the Defendant, while under the influence of alcohol at a point of 82.6 km of the Incheon Gyeyang-dong, Incheon, Incheon, Incheon, Seosan-dong, the alcohol level of 0.282% during blood, was straighted along five lanes in the direction of the Plock.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front section 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 system of operation.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so at the front of the same lane, neglected to drive the Victim E (33 Does) driving in the front of the same lane in accordance with the atmosphere signals, also received the driver behind the C car and then the driver was in the front of the C car in the C car in the middle of the said lane.

Therefore, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as catum salt in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a D-Lon car in the state of alcohol alcohol concentration of about 1km from the Sin-dong, Gyeyang-gu, Incheon, Incheon, to the point of 82.6 km in the outer-dong, Seoul, the East-gu, Seoul, to the point of 82.6 km.

Summary of Evidence

1. Statement by the defendant in court;

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

1. E statements;

1. A traffic accident report;

1. On-site photographs;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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