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(영문) 인천지방법원 2018.08.13 2018고단4381
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On July 26, 2007, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating road traffic law (drinking driving) in the Incheon District Court’s Branch Branch of Incheon District Court, and a fine of KRW 4 million as a crime of violating road traffic law (drinking driving) at the Incheon District Court on February 8, 2012.

[Criminal facts] The Defendant is a person who is engaged in driving a Grandroth car.

On May 30, 2018, the Defendant driven the said car under the influence of alcohol content of 0.104% among blood transfusion around 17:00, and moved to the right bypassing the four-lane road in front of Incheon Seo-gu, Seo-gu, Incheon, along two-lanes.

Under the influence of alcohol as seen above, Defendant 1 was found to be late to stop the E-car of the victim D's D's car which was in progress prior to the passenger car in the Ireland and suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

As a result, the Defendant, even though he had been punished by drinking two times or more, was under the influence of alcohol, was driving a motor vehicle under the influence of alcohol, and led to the injury of the victim by driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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