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(영문) 인천지방법원 2017.09.06 2017고단4657
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a non-registered copic in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 2, 2017, around 05:45, the Defendant continued to proceed at a speed of about 30 km in the speed of 115 km at the road located in the apartment site of Gyeyang-gu Incheon Metropolitan City.

Otoba had a duty of care to prevent accidents by accurately operating the steering gear and operating the steering gear in a way that well sees the right and the right of the front, and safely driving it.

Nevertheless, under the influence of alcohol content 0.171% in blood, the Defendant received the part of the victim B (58 tax) who was walking alone due to negligence while driving the above otobb in a state where normal driving is difficult under the influence of alcohol content.

As a result, the Defendant driven the above Oralba while it is difficult for the Defendant to drive it normally due to influence of drinking, and suffered bodily injury, such as salt, tension, etc. of the trend that requires approximately four weeks of medical treatment.

2. On April 2, 2017, the Defendant violated the Road Traffic Act (divated driving) around 05:45, the Defendant driven a non-registered co-registration format 125 cc. under the influence of alcohol content 0.171% at a distance of about 2 km from the road front of the 1304 Gandong, Gyeyang-gu, Incheon Gyeyang-gu, Incheon, to the road located within the apartment site of the same 115 U.S.-do.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated a non-registered copic format 125cc. which was not covered by mandatory insurance at the time and place specified in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of each Act and subordinate statutes on criminal investigation reports, such as a survey report on actual conditions, photographs, driving condition report on main driving, diagnosis certificate, driver's license ledger, etc.;

1. Facts constituting the crime: the provisions concerned and the points of causing bodily injury resulting from the option of punishment;

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