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(영문) 인천지방법원 2017.11.29 2017고단6768
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On August 30, 2017, the Defendant driven the said car under the influence of alcohol level of 0.117% among blood transfusion around 09:05, while driving the said car, and driven the road of three-lanes in front of the Incheon Bupyeong-gu Incheon Bupyeong-gu Seoul Sastm, at an abnormal speed along the three-lane from the side of the Bupyeong-gu Police Station.

Since there is a 4-distance intersection where signal lights are installed, there was a duty of care to reduce the speed for a person engaged in driving a motor vehicle, and to accurately manipulate the steering direction and brakes in order to prevent accidents in advance by accurately manipulating the steering direction and brakes in the front and rear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle while driving the said vehicle due to the occupational negligence, was parked in the front direction of the vehicle at the time of the stop in accordance with the new subparagraph, and the part behind the victim D (W, 38 years old)’s Ebs. Ebs. in the above Abs., the Defendant continued to drive the vehicle at the front end of the said Abs. The part behind the victim FF (56 years old)’s driving while stopping on the two-lanes. The Defendant was able to take the front end part of the said Abs.

As a result, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt pans and tensions in need of a medical treatment for about three weeks, and to the victim F, such as salt pans and tensions in need of a medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

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

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of each medical certificate, photographic statute;

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

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