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(영문) 인천지방법원 부천지원 2017.02.07 2017고단137
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

1. On December 17, 2016, the Defendant was under the influence of around 00:27, the Defendant driven a B-hand car with alcohol content of 0.110% in blood, and was driving one lane out of about 100km in the speed of about 77km in Seoul, the outer expressway located at the 77km (daily direction) in the direction of Kimpo-si.

At night, in the case of a road where a white-ray was used at night, there was a duty of care to prevent accidents by turning on night headlights and by checking well the right and the right and the right of the vehicle's driver.

Nevertheless, Defendant C (26 years old) by negligence while driving at night without turning the night headlight in a situation where normal driving is difficult due to the above influence of drinking, and the victim C (26 years old) changing the way from two lanes to one lane in the same direction, and received the back part of the left-hand side of the driver's vehicle in the Dusp-type driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On December 17, 2016, around 00:27, the Defendant driven a B low-speed car while under the influence of alcohol content of about 0.110% in a section of about 20km from around 00:0 to 77 km away from the Seoul Western Culture and Arts Center to the high-speed highway located in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. On-site medication, on-site survey records, on-site survey records, on-site report of the driver at home, output of a drinking measuring instrument, and report on the detection of the driver at home;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing danger driving) and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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