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(영문) 인천지방법원 2018.07.04 2018고단3497
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

1. On April 22, 2018, the Defendant was driving at around 22:0 on April 22, 2018, the part of the victim C (38 years old) who was under the influence of alcohol driving at a speed of 0.180% under the influence of alcohol while driving a motor vehicle of No. 130% under the influence of alcohol while driving a motor vehicle at the speed of 0.180% under the influence of alcohol while driving a motor vehicle at the speed of 218 Incheon National Waterworks Business Headquarters from the direction of the water distribution basin. The Defendant received the part of the victim C (38 years old) driving that was under the influence of the victim C (38 years old) who was under the influence of the standby signal to the left at the same time as the front part of the Defendant driving vehicle.

As a result, the Defendant inflicted bodily injury on the victim, such as the brush and tension of the brue part of the brush and the tension in need of approximately three weeks of treatment.

2. On April 22, 2018, the Defendant driven the said Bi30 car under the influence of alcohol content of approximately 0.180% from a 500-meter section from the roads near the Nam-gu Incheon Metropolitan City Water Supply Project Headquarters to the roads in front of the Incheon Water Supply Project Headquarters, at around 22:00. The Defendant driven the said Bi30 car under the influence of alcohol content of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on a traffic accident, a survey report on the actual condition, an on-site photograph of the accident, and a CD of video booms for a piracy

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 (2) 2 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, 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 following circumstances and reasons for sentencing under Article 62-2 of the Criminal Act are as follows.

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