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(영문) 인천지방법원 2018.06.11 2018고단2282

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant was under the influence of 0.156% of alcohol in front of a permanent store in Nam-gu Incheon Metropolitan City C, and was driving at a speed of about 60 km from the 5-lanes to a new engineer distance off the 2-lanes, the Defendant was under the influence of alcohol so that the Defendant was under the influence of 20:19, the Defendant was under the influence of 0.15% of alcohol in front of the said store, and the Defendant was under the influence of 3-day treatment of the victim E (28) who was under the influence of the above alcohol due to difficulties in normal operation, and was under the influence of the 3-day treatment of the victim E (28) who was under the influence of the above 4-day treatment of the victim E (3-day treatment for the victim, who was under the influence of the above 6-day passenger vehicle. The Defendant was under the influence of the 6-day passenger vehicle following the said 3-day treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of G and I;

1. A report on the occurrence of a traffic accident, an accident scene photograph, a black stuff, and a video CD;

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 each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The following circumstances and reasons for sentencing under Article 62-2 of the Criminal Act are as follows.