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(영문) 인천지방법원 부천지원 2017.11.10 2017고단1870
특정범죄가중처벌등에관한법률위반(위험운전치상)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving service of Q5 car B.

On July 27, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.172% from blood transfusion around 22:30 on July 27, 2017, and turned the front road in front of Seocheon-si into the SK beauty apartment room.

At this point, there was a duty of care to prevent accidents in advance by accurately manipulating the steering devices and brakes with the front and rear and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant was negligent in failing to properly operate the brakes under the influence of alcohol with red and smelling snow, etc., and was under the influence of the victim D (40 years) who was stopping at the same time, and the part of the back part of the car in Eco, which was under the influence of the Defendant’s vehicle, was under the front part of the car of the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and led the victim to a salt panion requiring treatment for about three weeks.

2. The Defendant, at the time and place specified in paragraph 1, driven the above Au Q5 car under the influence of alcohol content of 0.172% while under the influence of alcohol at a 0.172%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of diagnostic certificates, on-site photographs statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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