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(영문) 인천지방법원 2019.02.14 2018고단8569
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2018, the Defendant, while under the influence of alcohol of 0.149% on the four-lane road in front of the Bupyeong-gu Incheon Bupyeong-gu B apartment shopping mall, Bupyeong-gu, Incheon, 2018, driven a cathof car with an occupational alcohol content of 0.149%, and proceeds from the catn-distance outflow from the catn-distance off to the catn-distance flood according to three-lanes. When he negligent in neglecting the catn-si, the Defendant, due to the negligence, neglected the catn-si in the influence of alcohol, caused the victim's 2-day treatment, such as the victim's injury to the catn-ray or the back part of the catn-line, which is the front driver of the catn-gu catn-si, Incheon, and caused the victim's catn-day treatment of the catn-day passenger and the above cat-line to the victim's.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Each statement of H and I;

1. The circumstantial statement of the employee;

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the administrative disposition of the immigration control, which differs from the State’s punishment and purpose, or one-time special reason is the national who is punished for the same crime.

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