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(영문) 인천지방법원 2019.08.21 2019고단4251

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

[criminal power] On August 7, 2013, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving). On March 9, 2015, the Defendant received a summary order of KRW 4 million from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 08:50 on May 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving a CMW car on the front side of the Nam-gu Incheon Metropolitan City (B) before and attempting bypassing the two-lanes of the two-lanes in the front side of the D apartment room, from the view of viewing on the front side of the D apartment, due to negligence in the course of business when he neglected the duty of transitioning in the state where it is difficult to drive normally due to the alcohol concentration of 0.139% under the influence of alcohol concentration in blood, and due to negligence in the course of business, he was parked in the victim E (n, 52 years old) (the back part on the left side of the E (n, 52 years old) driving on the front side of the Defendant vehicle, and caused the victim to suffer injury, such as the catum dump and tension

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant was driving the said C-Motor vehicle under the influence of alcohol content of about 500 meters from the H road located in the above temporary Incheon G to the point of the above accident. The Defendant driven the said C-motor vehicle under the influence of alcohol content of about 0.139%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report on traffic accidents;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of the motor vehicle under consideration;

1. A medical certificate;

1. Each photograph;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of previous convictions) and application of each of the summary orders attached thereto;