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(영문) 인천지방법원 2018.08.29 2018고단4954

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for up to 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

A. Defendant A is a person who drives a Malaysia in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 29, 2018, the Defendant: (a) around 06:20, while under the influence of alcohol 0.246% while under the influence of alcohol while driving the above vehicle, the Defendant driven the above vehicle to the art center before and before the Ebehian while driving the vehicle, and shocked by G 100 U.S. driving of the victim F (36 years old) who turn to the left from the direction of the art center at the art center at the direction of Ebehian.

As a result, the Defendant suffered injury, such as excessive malutism, etc., on the part of the victim F, that requires a stable and long-term medical treatment for about six weeks, and that the Defendant sustained from the victim F.

B. The Defendant violated the Road Traffic Act (drinking driving) driving the C Ra in a state of under the influence of alcohol content of about 2 meters from the front of the Nam-gu Incheon Metropolitan City D to the front of H road at the same time as the above “A,” while under the influence of alcohol content of about 0.246%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and photograph of a melting vehicle;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the records of the instant case, including the Defendant’s age, sex, environment, motive, circumstances, means and methods of each of the instant crimes, and circumstances after the commission of the crime.