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(영문) 인천지방법원 부천지원 2016.11.02 2016고단2485
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for not more than ten 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

On September 23, 2016, while the Defendant was under the influence of alcohol at 00:01% of alcohol, and was unable to drive normally due to influence of alcohol such as red-lighting on the face of the body, etc., the Defendant: (a) while driving a Category B A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Statement of E;

1. Entry of a traffic accident report;

1. Notification of the control results of drinking driving, and entry of the circumstantial statement of a drinking driver, respectively;

1. Application of the legislation described in the respective medical certificates of E, C, H, I, J, and G;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 of the Road Traffic Act (a point of driving while driving a motor vehicle);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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