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(영문) 인천지방법원 부천지원 2017.02.16 2017고단48
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 11, 2016, the Defendant was under the influence of 0.135% alcohol while driving a C observer-gu road located in Seocheon-si, Seocheon-si on December 201, 2016. The Defendant was under the duty of care to safely drive the C observer-gu road with a view to 0.135% alcohol during blood.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol with due care as seen above, and caused the victim E (65 years) who was in the vicinity of the Dbera crat vehicle that was parked on the right side in the direction of the direction of the operation, and caused the victim to suffer injury, such as the dbera, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E (List 14);

1. A survey report (List 3), a statement of the circumstances of the driver in charge of the State (List 4), and a medical certificate (List 13);

1. Application of photograph (List 2) Acts and subordinate statutes;

1. The relevant Act and Article 5-11 (Bodily Injury resulting from Dangerous Driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and imprisonment with prison labor for each crime;

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

1. Article 62(1) of the Criminal Act on the suspended execution (a) (a confession, reflectivity, or a suspended execution has not been committed, and no criminal punishment has been imposed against the victim during the last five years or more, and the degree of injury to the victim is relatively minor, a comprehensive motor vehicle insurance policy is subscribed, a 1.2 million won shall be paid, and the victim shall not

1. An order to attend a course under Article 62-2 of the Criminal Act;

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