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(영문) 인천지방법원 2019.05.08 2019고단503
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 14, 2018, the Defendant: (a) was under a temporary suspension in order to make a return to the left due to the reinforcement Eup/Myeon while under the influence of alcohol level of 0.198% due to the operation of the blood alcohol level 0.198% at the Jinsan Tri Intersection, which is located in Indonese Incheon, the Defendant sustained injury to the victim C (n, 57 years old) driving of the victim C (n, 57 years old) who was under the influence of alcohol due to the negligence of the vehicle set off from the nivers in the niverse nivers of alcohol and stopped at the back of the back, while driving the nivers in the condition that it is difficult to drive the vehicle normally due to the influence of alcohol level of 0.198%; and (b) sustained by the victim such as the nivers and tension of the nivers in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements prepared C;

1. The actual condition survey report;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the 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 criminal facts;

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

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant has no previous conviction in the same kind since 1981, is reflecting his depth on his mistake, the damage result of the accident in this case is not relatively heavy, and the vehicle driven by the defendant is covered by a comprehensive insurance);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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