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(영문) 인천지방법원 2017.08.16 2017고단3781
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

The defendant is a person who is engaged in driving a car in C SP area.

On March 2, 2017, the Defendant, while under the influence of alcohol 00:45% during blood, driven the said Swiss-do two lanes in front of Incheon, Seo-gu, Seo-gu, Seo-gu, by driving the said Swiss-do one lane in the direction of the East-dong, and continued to run approximately 90km in the speed of the East-dong in the direction of the East-dong.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly operate the front-round and brakes of the front-round drive due to his negligence, led to the shocking part of the lower part of the victim E(33) driving that was driven on the front-round drive of the front-round drive of the victim E(33).

Ultimately, the Defendant driven the said SP car in a state where it is difficult to drive the car normally due to influence of alcohol, and sustained injury, such as damage to the body of the clothes that require approximately 2 weeks of medical treatment to the victim E, and injury to the victim G (33 tax) who was on board the said SM5 passenger car, such as damage to the body of the body of the arms that requires approximately 4 weeks of medical treatment, and injury to the victim H (33 tax) who was on board the said SM5 passenger car in need of approximately 8 weeks of medical treatment, and then suffered from damage to the body of the body of the clothes, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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 (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. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the most serious crime.

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