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(영문) 인천지방법원 2017.09.06 2017고단4393
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

[criminal history] On December 11, 2007, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking) at the Seoul Central District Court of Seoul, and on November 17, 201, the Defendant was sentenced to a suspended sentence of two years for four months by imprisonment with labor for a violation of road traffic law (drinking) at the Seoul Northern District Court of Seoul Northern District Court.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a Crocketing motor vehicle.

On May 1, 2017, the Defendant driven the above car at around 21:20, and led the road of four-lanes in front of the Japanese wetlands ecological park, which is located in 66-11, Nam-dong, Namdong-gu, Incheon, Nam-gu, Incheon, to proceed along three-lanes in front of the South-dong wetlands ecological park.

Despite the duty of care to prevent traffic accidents by properly operating the steering and steering gear of a person who is engaged in driving of a motor vehicle, the defendant neglected his/her duty of care to prevent traffic accidents. However, the defendant, while driving a motor vehicle under the influence of alcohol of 0.144% due to negligence while driving a motor vehicle in a state where normal driving is difficult under the influence of 0.144% due to his/her negligence, and the part of the back part of the victim D(32 tax) E-Spo-type motor vehicle driven on the front part of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salvinal salt, which requires approximately two weeks of medical treatment.

2. On May 1, 2017, the Defendant violated the Road Traffic Act (drinking driving) driven a car at the section of about 7 km from May 21, 2017, where the Plaintiff was under the influence of alcohol level of 0.144% during blood transfusion to the site below the loan limit of the members of Ansan-si under the influence of 0.144% during the influence of alcohol level.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The survey report on actual condition, the report on the circumstances of the driver at the main place, each photograph, and the diagnosis report.

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