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(영문) 인천지방법원 2016.12.08 2016고단6989
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 6, 2012, the Defendant issued a summary order of KRW 7 million for a fine of KRW 1 million at the Seoul Southern District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 7 million on October 14, 2014 by the same court.

On September 8, 2016, when the Defendant had had a history of drinking twice or more, the Defendant driven a B Trate car under the influence of alcohol concentration of 0.168% without obtaining a driver's license on September 8, 2016, and proceeded with approximately 1 km from the front of the fun apartment in the Seo-gu Incheon Metropolitan Mungdong to the front of the Seo-gu Incheon Metropolitan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B Tran car;

On September 8, 2016, the Defendant driven the above car at around 08:00, and driven three lanes in front of the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, toward the direction of the Korean history distance from the king Underground Road, and proceeded at a speed of about 40 km per hour according to three lanes.

In such cases, a driver of a motor vehicle has a duty of care to report the traffic situation well and safely drive the motor vehicle to prevent accidents in advance.

Nevertheless, the Defendant neglected this, while driving under the influence of alcohol and difficult to drive normally as set forth in paragraph (1), and the E-vehicle driven by the victim D (the age of 57) prior to driving was stopped, and was behind the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. A previous conviction in judgment: an inquiry letter;

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