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(영문) 인천지방법원 2017.04.19 2017고단425
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 B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 21, 2016, at around 21:37, the Defendant proceeded along three lanes from the west-gu Incheon Metropolitan City, Namdong-gu, Incheon to the Do road along the direction of the Do road.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol content 0.229% while driving the said cargo due to the negligence of driving the said cargo while making it difficult for the Defendant to drive the said cargo due to his blood alcohol level, received the pan-oneer behind the said cargo vehicle from the E-cab driven by the victim D(45 years old) as the front driver of the said cargo vehicle, and caused the said pan-oneer to drive the said taxi by the victim F(35 years old).

After all, the Defendant driving the above cargo in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt pans, tensions, etc. in need of a medical treatment for about three weeks, and injury to the victim F, such as light dynasium, tensions, etc. in need of a medical treatment for about two weeks.

2. On December 21, 2016, the Defendant: (a) driven B Poter cargo while under the influence of alcohol by 0.229% of alcohol concentration from the distance of about 1k meters from the front of the 484 south-dong, Incheon, Nam-gu, Incheon, to the front of the road from around the 484 South-dong to the road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. The application of Acts and subordinate statutes, such as a survey report on actual condition, photograph, and statement on the main situation, and medical certificate;

1. The driving of a motor vehicle causing bodily harm to the driving of a motor vehicle under each relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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