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(영문) 인천지방법원 2020.05.13 2019고단7120
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a horse at the end;

On August 23, 2019, at around 01:40, the Defendant was under the influence of alcohol with 0.151% of blood alcohol concentration. The Defendant was under the influence of alcohol, and the Gu was under the influence of 0.151%. The Defendant was under the influence of driving the said vehicle while driving the said vehicle in a state where it is difficult for the Defendant to drive it normally, such as a string distance, and proceeding the intersection of the pelo-ray distance located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, toward the direction of the pool intersection in the direction of the pool intersection. However, the Defendant was under the influence of the victim C driver’s Dwork or the front part of the driver’s seat in the victim’s vehicle, who was under the

As a result, the Defendant suffered injury to the victim C, such as the closure of a chill, which requires approximately 12 weeks of medical treatment in a state where it is difficult for the victim C to drive normally while under the influence of alcohol, and injury to the victim E, who was on board the damaged vehicle, such as a climatic salt, tension, etc. requiring approximately 2 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in paragraph (1) of this Article, the Defendant driven a Malaysia car in the state of alcohol with a blood alcohol concentration of about 0.151% from the section of approximately 8km from the area near the Guro-dong, Incheon Metropolitan City to the Gao-dong-dong Gao-dong, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident;

1. A report on detection of a host driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime committed;

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

1. Selection of each sentence of imprisonment with prison labor;

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

1. Article 62 of the Criminal Act:

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