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(영문) 인천지방법원 2017.04.26 2016고단8376
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 driving of Bone Star Co., Ltd.

On October 11, 2016, at around 22:30, the Defendant driven a 10-lane-dong cancer square of Bupyeong-gu Incheon, Incheon, from around 200 to the same 500-lane-ro, the Defendant was driving the said fluor while driving the said fluor under the influence of alcohol content of about 0.136% in blood, from around 200 meters to around 500.

At the same time, there was a duty of care to prevent accidents by accurately operating the steering system and steering the steering and steering system in the intersection where signal lights are installed.

Nevertheless, the Defendant, by negligence, who was unable to drive normally while under the influence of alcohol, led the victim C(26) driver's license while waiting in the front section of the signal to the front section of the Defendant. The Defendant followed the victim C(26) driver's license in the front section of the driver's license.

As a result, the Defendant driven the said van in a state where it is difficult to drive it normally due to influence of drinking, and suffered injury to the said victim, such as salt, tension, etc. of the tension which requires a two-day medical treatment, and the Defendant suffered injury to the said victim, such as salt, tension, etc. of the tension, which requires a two-day medical treatment for the same passenger E (the age of 27).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 Code of the Commercial Concurrent Crimes (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is more serious and the crime is committed against E.

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