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(영문) 인천지방법원 2018.03.28 2018고단545
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 13, 2017, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving alcohol) at the Incheon District Court, and on October 23, 2017, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving alcohol) from the vice branch of the Incheon District Court.

[Criminal facts] The Defendant is a person engaging in driving a vehicle CK3.

On December 10, 2017, the Defendant driven the above vehicle while under the influence of about 0.176% of alcohol during blood transfusion around 23:30 on December 10, 2017, while driving the two-lanes between the four-lanes in the direction of the Cheongnam-gu Incheon Metropolitan City, the front of the apartment road toward the field of the Cheongnam-gu, and driving the two-lanes on the side of the Cheongnam-gu, Cheongnam-gu, and the driver of the vehicle has a duty of care to safely drive the vehicle by keeping the safety distance between the two vehicles and keeping 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 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 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

The Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions indicated in judgment: Investigation report, summary order, and application of Acts and subordinate statutes reporting the previous convictions and results of confirmation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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