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(영문) 인천지방법원 2017.03.30 2016고단8879
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. On October 29, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BM3 automobiles in the direction of home at the household from the household of the Seo-gu Incheon, Seo-gu, Incheon around October 21, 2016, while driving the BM3 automobiles under the influence of alcohol concentration of 0.193% in front of the church and making it difficult for the Defendant to drive them normally.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering gear and the brake system.

Nevertheless, due to the negligence of being negligent in driving while under the influence of alcohol, the Defendant suffered respectively the injury of the victim E (63) who was on board the victim C, K5 vehicle behind the victim C(49) who was under the influence of alcohol and was on driving with the part of the victim C, K5 vehicle in front of the passenger vehicle of the Defendant, with the victim E (63 years), the victim F (78 years), and the victim G (72 years old) for about two weeks of medical treatment.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Around 21:00 on October 29, 2016, the Defendant driven BM3 car under the influence of alcohol content of 0.193% in front of the Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 222, from around 21:0 to 222, as the Seo-gu, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) concerning the crime 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 (referring to

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes that violate the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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