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(영문) 인천지방법원 부천지원 2017.05.18 2017고단662
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

On February 25, 2017, the Defendant: (a) driven a two-lane road in front B in Bupyeong-si, Busan; (b) driven a two-lane freight vehicle with alcohol content of 0.154% in the blood, and (c) led the Defendant to drive a two-lane in accordance with one-lane from the surface of the trisan gym distance to the upper long distance. At the same time, the Defendant was in a state of not facilitating the driving of the vehicle, such as repeated driving of the vehicle at the speed of the vehicle at the front and rear speed due to the increase of traffic volume. As such, (b) the person engaged in driving the motor vehicle, who was in charge of driving the motor vehicle, was under the duty of due care to properly operate the steering direction and brakes, and (c) the Defendant was negligent in neglecting the operation of the brake system while it was difficult to drive the motor vehicle under the influence of alcohol, and (d) caused the victim to drive the motor vehicle under the influence of the said part of the said three-lane driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D (List 14);

1. A survey report on actual condition (List 2), a report on the actual condition of driving at home (List 8), and a medical certificate (List 13);

1. Application of relevant Acts and subordinate statutes of each photograph (list 3, 4);

1. Relevant laws and Articles 148-2 (2) 2 and 44-1 (1) of the Road Traffic Act concerning criminal facts, the Act on the Aggravated Punishment, etc. of Specific Crimes, and imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (a) (a confession, reflectivity, and the same fine shall be committed once, but not later than about 13-14 years prior to the lapse of 20 years, only twice prior to the lapse of 20 years prior to the lapse of 20 years, and a victim shall not be punished by mutual consent by making payment of KRW 900,000 with the amount of comprehensive automobile insurance, and criminal agreement);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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