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(영문) 인천지방법원 부천지원 2017.05.18 2017고단769
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 B.

On February 17, 2017, the Defendant driven the said sphere vehicle with a alcohol level of 0.122% during blood transfusion around 1:20, while driving the said sphere vehicle at around 0.12%, and proceeded along the two-lane road in front of the filling station in Kimpo-si, Kimpo-si, Seoul, along the one-lane toward Seoul. At that time, the Defendant was under the influence of alcohol so that it is difficult for the Defendant to set the front-way market due to the influence of alcohol, and the ability to operate the steering and brake system significantly falls, and in such a case, the Defendant was obliged to immediately stop driving.

Nevertheless, the Defendant neglected to operate the steering direction and operation system at the front time while under the influence of alcohol and did not properly operate the steering direction and operation system, and was driven by the center line which was installed at the center, and was under the influence of the center, and the part of the Defendant’s front part of the Fysta car driven by the Defendant E (W, 35 years old) who was under normal driving depending on the two-lanes of the road opposite to the direction of the Defendant’s running.

As above, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as a breath in the lower right frame at the bottom of the lower right frame, which requires approximately eight weeks of medical treatment, and suffered injury to the victim G (39 tax) who was a passenger of the said rocketing and another car, for approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. A survey report on actual condition and a written diagnosis;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 (2) 2 of the Road Traffic Act as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes

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