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(영문) 인천지방법원 2020.02.05 2019고단8755

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten 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. Around 20:50 on October 2, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant driving) was driving the Cpod vehicle in front of the Nam-gu Incheon Metropolitan City B on the front side of the D Hospital History distance, and was straighted as the surface of the D Hospital History Distance from the surface of the D Hospital History Distance. In the event that normal driving is difficult due to the alcohol concentration of 0.165%, the Defendant’s negligence in the course of driving the Cpodon line with the central line continuously under the circumstances where normal driving is difficult due to the influence of alcohol concentration of 0.165%, and the front part of the victim E (the south, 30 years old) (the rear, 30 years old) driving while driving the Cpodon vehicle in front of the Defendant vehicle. Accordingly, the Defendant was able to shock the front part of the Korean car in front of the victim F (the South and 30 years old) driving.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim E, such as sprinke, tensions, etc. in light of the influence of alcohol for about two weeks, injury to the victim F, such as salt, tensions, etc. in need of medical treatment for about two weeks, and injury to the victim G (V, 30 years of age) who boarded the victim F's vehicle for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said booming car under the influence of alcohol by 0.165% from the H building parking lot in Nam-gu, Incheon Metropolitan City, to the point of the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Aggravation for concurrent crimes;