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(영문) 인천지방법원 2018.01.25 2017고단8889
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

1. On October 7, 2017, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving), led the roads prior to Incheon strengthened B to the direction of the reservoir, which is one of the Healing direction, while under the influence of alcohol concentration of 0.133% during blood.

Since it is a string road, in such cases, the driver of the vehicle has a duty of care to check the front, rear, and the rear, to ensure the safety of the career, and to stop the accident in advance by properly manipulating the operation and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(34) who was stopped on the rear side of the cargo vehicle of the Defendant, due to negligence in failing to properly operate the brake system while neglecting it.

Ultimately, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered damages to the part of the sprink sprinks that need to be treated for about three weeks to the victim D, and suffered from the victim F (56 years old and female) such as salt sprinks and tensions that need to be treated for about three weeks.

2. On October 7, 2017, the Defendant driving Cpoter cargo under the influence of alcohol content of about 0.133% at the section of about 5 meters, from the center of 787 Do to the center of 46-3 Do at the time of transfer of Incheon, when transferring at around 16:20 Incheon, the Defendant was under the influence of alcohol content of at least 0.133% from the center of 787 Do at the center of the city to the 46-3 Do road.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

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

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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