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(영문) 인천지방법원 2018.06.20 2018고단2562
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant is a person engaging in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 6, 2018, the Defendant driven the said car under the influence of alcohol content of 0.165% in blood around 04:06, and led to the roads of two-lanes in front of Denmark in Gyeyang-gu or Doro 176 (Effective Dong) in Gyeyang-gu, Incheon, and proceeding at a speed below the speed of vision from the effic sports park to the Seo-gu.

At this point, the center line of yellow solid lines is installed, so in such a case, the driver had a duty of care to safely drive the car line by making it possible to see the front line and the left and right, and by safely operating the car line.

Nevertheless, under the influence of alcohol, a person who did not properly operate the steering and brakes, was fluored with the center line by negligence, while driving the Defendant’s vehicle in front of the Defendant’s vehicle, and received the front portion of the driver’s seat of the 1 ton of the freight vehicle, which is parked on the road front of the Den church.

As a result, the Defendant suffered injury, such as the left slive slive slives to the left slives that need to be treated for about six weeks, to the victim D (the age of 31) who was on the top of the steering force of the Defendant’s vehicle in a situation where normal driving is difficult due to influence of drinking.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle BM5 vehicle while under the influence of alcohol content of about 20km from the south-gu Incheon Metropolitan City SM5 to the roads of the Knden church in Gyeyang-gu, Incheon, Gyeyang-do, to the front of the Knden church.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Statement on the circumstances of the driver involved in driving, inquiry about the results of crackdown on driving of each drinking, response to requests for appraisal with the State;

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 (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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