(영문) 인천지방법원 2018.10.24 2018고단6629

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(영문) 인천지방법원 2018.10.24 2018고단6629

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. The Defendant is a person who is engaged in driving a motor vehicle B in high-priced car.

On August 21, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.137% in blood around 00:11 on August 21, 2018, and led to the driving of the car in front of the Elderly Welfare Center, as in the Gyeyang-gu Incheon Metropolitan City.

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 to properly operate the steering and brake system and to safely proceed with it.

Nevertheless, under the influence of alcohol as above, Defendant 1 received the back part of the victim C(47 S) rocketing taxi driving that was parked in the signal signal at the front part of the said car, and caused the f1 ton part of the victim E(52 o) driving that was parked in the front of the said car due to its shock, while the said taxi was pushed in the future due to its shock, and caused the f1 ton part of the back part of the f1 ton of the victim E(52 o) driving while stopping in the front.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as cather and catum fat, which requires a three-day medical treatment, and the victim E, such as cather and tension, which require a two-day medical treatment.

2. On August 21, 2018, the Defendant, at around 00:02, driven a motor vehicle with B low alcohol concentration of about 0.137% in a section of about 300 meters, from around 00:11 on the same day to the place of accident as indicated in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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