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(영문) 인천지방법원 2018.11.21 2018고단7524
특정범죄가중처벌등에관한법률위반(위험운전치상)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

The defendant is a person who is engaged in driving a Switzerland car.

On September 21, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.156% in blood around 03:10 on September 21, 2018, and continued three-lanes of the four-lane road in the south-gu Incheon Metropolitan City C.

At the time, there was a new wall time and a signal at the front, so in such a case, there was a duty of care to look at the front left right and the right of the driver of the motor vehicle well and to prevent the accident by accurately manipulating the steering gear and the brakes.

Nevertheless, under the influence of drinking, the Defendant suffered from the injury of the victim's e-mail of the E-mail truck, which was parked in the signal air at the front part of the above ice truck while driving normally due to the influence of drinking, such as the e-mail of the above ice truck. The Defendant suffered from the injury of the victim F of the above ice truck, which requires approximately three weeks of medical treatment, such as the e-mail of the ice truck, and the e-mail of the e-mail of the ice truck, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on occurrence and a report on actual condition;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture is committed by the defendant while driving a motor vehicle under the influence of alcohol while making it difficult for the defendant to drive the motor vehicle normally, resulting in the victims of the accident.

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