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(영문) 인천지방법원 부천지원 2018.04.26 2018고단431
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 24, 2017, the Defendant: (a) driven the 2nd parallel distance of the No. 105:25 on August 24, 2017, at the ancient village of Kimpo-si, Kimpo-si, at three-lanes from Seoul to three-lanes of the Incheon at the direction of the city of Incheon, while driving a Cdisber vehicle on the right-hand side, while driving the vehicle on the right-hand side, with alcohol concentration of 0.185% during alcohol level while under the influence of alcohol level 0.185% while driving the vehicle on the right-hand side, the Defendant received the front part of the Epoter cargo vehicle of this case (43 years) driving along the part front of the victim D (43 years) in the right-hand side of the said vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer bodily injury such as dump, tension, etc. in front of the light that requires approximately three weeks medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a Cdisolar car under the influence of alcohol leveling 0.185% in the direction of about seven kilometers from the day front of the trade name in the Dong-dong-dong-dong-gu, Seoyang-si, Kimpo-si to the front road of the 2nd class of the Supo-si, Kimpo-si, Gopo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (investigation of the victim's identity);

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, notification of the results of crackdown on the driving of alcohol, statement report on the circumstances of a driver driving, and inquiry into the results of crackdown on

1. A medical certificate;

1. Each comparison with the enemy;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order of Education and the Order of Community Service [the scope of recommended punishment].

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