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(영문) 인천지방법원 2017.08.31 2017고단4661
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

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

On May 12, 2017, at around 05:00, the Defendant proceeded at the speed of about 50km from the direction of the construction center to the long distance of the gas station in the south-gu Incheon Metropolitan City.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, under the influence of alcohol content 0.129% in blood, the Defendant was driven by the victim D(W, 49 years old) who was under the right turn turn signal at the opposite direction due to the negligence of driving the said passenger vehicle while driving it normally while under the influence of alcohol content 0.129% in blood, and was driven by the victim D(W, 49 years old) who was under the right turn signal at the opposite direction.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment.

2. Around 05:00 on May 12, 2017, the Defendant driven a bnife vehicle under the influence of alcohol content of at least 0.129% from the distance of about 1km from the roads in front of the winter-gu, Incheon Metropolitan City, Nam-gu to the blind distance in front of the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on the detection of a primary driver;

1. On-site photographs of the accident site, and the numerical value of the self-measurement of the skin;

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, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 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 Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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