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(영문) 인천지방법원 2016.03.09 2015고단7881

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 17, 2015, the Defendant: (a) around 21:38, at the street in the vicinity of Hyundai Apartment Modong-gu, Incheon, Namdong-gu, Incheon; (b) while driving a vehicle with alcohol content of 0.149 percent in a state of normal driving, such as a red and string distance, while driving the vehicle with a string 0.149 percent in a state of normal driving, the Defendant suffered from the victim C (34 years of age) who driven the two-lane of drinking, changing the course to the right side of the vehicle of the victim C (34 years of age) who driven the two-lane of drinking, followed the core part behind the left side, and caused the victim to undergo approximately 2 weeks medical treatment; and (c) from the south-dong of Incheon Metropolitan City to the point of approximately 8km in front of the said Hyundai apartment, the Defendant was driving a vehicle with alcohol content of 0.149 percent in a state of 0.149 percent alcohol in the front of the said Hyundai apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of driving at home and report on the occurrence of traffic accidents;

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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act, the selection of imprisonment for each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] : In the case where minor injury occurs in the basic area (4 months to October) (the person subject to special mitigation) (the person subject to special mitigation) / in the proviso of Article 3(2) of the Act on the Special Cases of the Education [the sentence] - there is no record of having been sentenced to imprisonment without prison labor or heavier punishment; the special mitigated person - there is no record of having been sentenced to imprisonment without prison labor or heavier punishment; the special mitigated person - The fact that there are two special crimes of the same kind; the fact that there is no agreement with the victim;