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(영문) 인천지방법원 2019.08.28 2019고단4818

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Criminal facts

On April 7, 2019, at around 23:50, the Defendant driven the 4nd line of C in front of Michuhol-gu Incheon Metropolitan City, with a blood alcohol concentration of 0.235% under the influence of alcohol, and proceeded along the two-lanes with a view to a view to the view of being driven in a view of being driven in a manner that is difficult to drive normally due to the influence of alcohol concentration of 0.235%. On the other hand, on the part of the victim E (22 years old) who was stopped in accordance with the stop signal of the mast vehicle, the Defendant got the victim into the front part of the Maba in front of the above Maba, and caused the victim to suffer injury, such as divers’ salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. The actual condition survey report;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes (record No. 54 of investigation records);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da15488, Apr. 1, 2007) (i)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;