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(영문) 인천지방법원 2019.08.28 2019고단4256
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 03:18 May 15, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant driving) driven a CSP car on the front side of the south-gu Incheon Metropolitan City B, and proceeded from DF to the EM in the face of DF, while neglecting the duty of electric traffic due to occupational negligence when he neglected the duty of electric traffic due to the influence of alcohol concentration of 0.179%, and led to the failure of the said victim and the victim (the age of 47) to shut down the door of the vehicle, and shocked the part of the Plaintiff’s vehicle with the left-hand-hand biter part of the damaged vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim FF to suffer injury, such as salt pans and tensions, which require treatment for about two weeks, and the victim H to suffer injury, such as salt pans, tensions, and tensions, which require treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol of about 2 km from the first day of the Nam-gu Incheon Metropolitan City, Incheon to the point of the above accident, C SP car was driven at about 0.179% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

1. Violation of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving): Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

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

1. Selection of each sentence of imprisonment;

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

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