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(영문) 인천지방법원 2018.10.01 2018고단5326
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. The Defendant is a person who is engaged in driving a vehicle CK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 12, 2018, the Defendant driven the said car under the influence of alcohol content of 0.183% in blood around 00:50 on June 12, 2018, and proceeded into two lanes in the direction of the building distance in south-gu office building distance in the south-gu, Incheon.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, etc. of the motor vehicle and properly manipulating the operation of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded in a drunken state, and got a victim F (66 years old, South) who walked on the right side of the left side of the road in the way of the said vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, who was in an obscure frame at the bottom of the necessary frame for treatment for about six weeks.

2. On June 12, 2018, the Defendant driven CK 3 vehicles under the influence of alcohol content of at least 0.183% while under the influence of alcohol without obtaining a driver’s license from around 00:50 on a section of approximately 500 meters, from around Man-dong, Nam-gu, Incheon, to the front day of the E store located D, from Man-dong, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual survey report and on-site photographs;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

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) regarding the crime, and Articles 148-2 and 144 of the Road Traffic Act.

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