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(영문) 인천지방법원 2019.07.24 2019고단2964

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 16, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), while driving C-C-C-C-C-C-C-C-V on the front side of Seo-gu Incheon, Seo-gu, Incheon, and driving directly along two lanes on the two-lane roads, neglected the obligation to 0.139% of blood alcohol concentration in a state where normal driving is difficult while under the influence of alcohol due to occupational negligence, which failed to accurately operate the steering direction and brake system, led to the lower right side of the Defendant’s vehicle (E-h

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim D to suffer bodily injury, such as the shoulder and the string of the arms in need of medical treatment for about two weeks, and the F of the damaged vehicle driver F (the 25 years old, the 25 years old) to suffer bodily injury.

2. The Defendant was driving a vehicle under the influence of alcohol level of 0.139% from the distance of approximately 4.9km to the point where the above accident occurred on the roads G at the time of the Gyeonggi Kimpo-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Report on the state of state of drinking drivers, report on the state of drinking drivers, and report on the results of the regulation of drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereafter the same shall apply in force on June 25, 2019); the choice of imprisonment for a crime;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;