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(영문) 인천지방법원 2017.03.29 2016고단8335
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 11, 2016, the Defendant violated the Road Traffic Act (drinking) driven a Bbeer or a car under the condition of 0.186% alcohol concentration among blood transfusion around 02:30 on November 11, 2016, and proceeded with approximately 500 meters from the restaurant where the trade name in the Gyeyang-gu Incheon Gyeyang-gu is unclear until the day before the restaurant in Incheon Gyeyang-gu to the day before the restaurant in Incheon Gyeyang-gu.

2. The Defendant is a person engaging in driving a vehicle B or a vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 11, 2016, the Defendant operated the above car at around 02:30, and proceeded in front of the D cafeteria in Incheon Gyeyang-gu, Incheon, with the two-lanes of the Seoul New Apartment-gu, the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the Do and New-gu, Seoul.

In this case, the driver has a duty of care to safely operate the steering system by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and was parked on the right-hand side by negligence while driving under the influence of alcohol as described in paragraph (1) while it is difficult for him to drive normally.

BMW 320d Automobiles are shocked and back as they are, and they were stopped behind the direction of the operation, the victim E (60 ) who was standing behind the direction of the operation, received the front part of the right side of the Fstst Gun driving.

Ultimately, the Defendant suffered injury to the victim, such as the pipe and tension of the part that was in need of approximately two weeks of treatment, and other detailed uncertainty, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

1. Inquiries about the results of crackdown on drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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