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(영문) 인천지방법원 2019.03.20 2019고단715
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

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On January 5, 2019, at around 03:00, the Defendant driven the said car with a blood alcohol level of 0.22% 0.22%, and led the front of the training police station located in Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Incheon to proceed with the front of the training-gu office street protection from the training-based distance.

The Defendant, under the influence of alcohol as seen above, neglected his duty to see on the right and the right and the right and the right and the right and the right and the right and the right and the right and the failure to accurately operate the steering and steering system, and the victim C (the age of 65) who was stopped due to the signal atmosphere at the front direction of the Defendant’s operation, was under the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered from the c and the victim E (the 23-year-old) who is the above victim C and the above victim vehicle, respectively, for about two weeks of medical treatment, and driven the vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Requests for appraisal;

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

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, minor damage, one of the victims who agree with him/her, the fact that he/she has subscribed to a comprehensive insurance, the fact that he/she has no record of being sentenced to a fine, and the fact

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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