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(영문) 인천지방법원 2020.08.19 2020고단4542
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. The defendant is a person who is engaged in driving a freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 1, 2020, the Defendant was driven by the efexton sports vehicle with a blood alcohol level of 0.30% at around 0.30%, and was driven by the efexton sports vehicle at the front part of the said efexton sport vehicle, which is driven by the victim D (Nam, 55 years old) traveling in the front part of the said efexton sport vehicle at the same lane, while driving in front of the 293-ro Incheon Sea as from the southwest Sea of Jung-gu Incheon, Jung-gu, Incheon.

Ultimately, the Defendant, as seen above, driven the above Poter cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks medical treatment, to the victim.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant from the parking lot in the Jung-gu Incheon City, Jung-gu, Incheon, to the roads in front of the Incheon Port, approximately 2k-ro 293-ro 11, as stated in paragraph (1) of the same Article, while under the influence of alcohol of about 0.30% of the blood alcohol concentration from the parking lot in the middle-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) The first crime (the injury resulting from a dangerous driving).

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