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(영문) 인천지방법원 2018.04.18 2018고단1339
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 10, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B rocketing car with alcohol concentration of 0.256% during blood transfusion around 23:15, while driving the B rocketing car at the speed of 0.256% and driving the road front of the Bupyeong-gu, Cheongcheon-gu, Incheon Metropolitan City at a speed of about 20km in the speed of 5 lanes, and changed the lane into one lane in order to turn to the left at the shooting distance of the New Tri Park.

In this case, there was a duty of care to prevent accidents in advance by properly sprinking the front side and the left side and the left side and accurately manipulating the steering and brake system for the driver of the vehicle.

Nevertheless, the Defendant neglected to perform his duty at the front time, and proceeded ahead of the failure to properly operate the operation system, according to the direction of signal apparatus, the Defendant was placed in front of the said rocketing car by the victim C (27 Doh) driver, who was under the influence of signal apparatus.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as salt, tension, etc. in need of a two-day medical treatment, and the victim E (the 26-year-old age), who was aboard the said car from soflurged vehicle, suffered from the injury of the victim E (the 26-year-old age-old) such as the number of days of treatment.

2. On January 10, 2018, the Defendant driven B rocketing car under the influence of alcohol content of 0.256% from the 2km section of approximately 2 km to the date and place indicated in paragraph (1) from the Cheongcheon-dong, Seocheon-gu, Incheon, Seocheon-gu, Incheon to the date and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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