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(영문) 인천지방법원 2017.09.13 2017고단4663
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. Around 20:00 on May 6, 2017, the Defendant driven a Category C motor vehicle under the influence of alcohol concentration of 0.161% from an insular section from the front side of the marb fish board located on the road of Incheon Strengthening-gun to the front side of the Incheon Strengthening-gun B.

2. The Defendant is a person who is engaged in driving a vehicle of Category C new character in the capacity of driving a vehicle.

On May 6, 2017, the Defendant driven the above car volume around 20:0 and proceeded at the speed of repair in the direction of the Incheon-gun, the front road of the Incheon-gun, which is the roads of the Incheon-gun, from the direction of the fishing ground of the grassland to the direction of the Incheon-gun.

At the time, it is night and its location is installed with the center line of yellow solid lines, so there was a duty of care to ensure that drivers should thoroughly operate the front line and safely safely.

Nevertheless, the Defendant, as described in paragraph 1, has neglected to do so while driving the central line, and went through in the opposite direction due to the negligence of the victim D(51) driving, which led to the collision on the left-hand side of the front-hand part of the vehicle of the Defendant.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim D, such as catum catum, etc., which requires a three-day medical treatment, and suffered from the victim F, who is the passenger of the vehicle, for about three weeks, such as catum catum, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of the circumstances of driving at home;

1. Application of Acts and subordinate statutes, such as a written diagnosis (D) and a written diagnosis (F);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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