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(영문) 인천지방법원 2019.08.21 2019고단4258

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

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

【Criminal Facts】

On September 5, 2008, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 16, 2015, the Defendant received a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act from the Sungnam Branch of the Suwon District Court.

【Criminal Power】

1. Around 23:20 on April 24, 2019, the Defendant: (a) driven a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. of the trend that requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said B Car under the influence of alcohol by 0.132% at a section of about 10km from the roads located in Yeonsu-gu Incheon Metropolitan City to the point where the above accident occurred.

As a result, the defendant had already been punished for drunk driving more than twice, but he again driven under influence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and a photograph;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime and the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc., and Article 16037 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) are amended.