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(영문) 인천지방법원 2018.07.11 2018고단2378
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. On March 26, 2018, the Defendant was driving a vehicle with low alcohol content of about 20km while under the influence of alcohol content of 0.140% in blood, from the influenite-si (hereinafter referred to as the “influench-dong, 768, Nam-gu, Incheon) to the “spool-dong, Nam-gu, Incheon” (hereinafter referred to as “influench-do”).

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle with low resistance as stated in paragraph (1).

The Defendant, as described in paragraph 1, was under the influence of alcohol, was driving the said vehicle under the influence of alcohol, and was driving the said vehicle on the 768 west-dong, Nam-gu, Incheon, Nam-gu, Seoul, to the direction of the “spoke-gu Spoke distance” on the side of the “Spoke-gu, Mapo-gu, Mapo-dong.”

At that time, E E E E E E E E E-ray and F-Drivers G options car stops in the above S-distance under the stop signals at the intersection, and thus, the Defendant has a duty of care to operate the steering direction and brake system accurately, and to safely proceed to the right-way and prevent the accident in advance, instead of breaking the central line.

Nevertheless, the Defendant neglected this and continued to go beyond the central line without making sufficient bypassing it, and then received two front panions of the vehicles where the Defendant stopped as the front part of the vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injury to H (the age of 17) who is the partner of the said FF driving motor vehicle, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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 to a written diagnosis and estimate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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