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(영문) 인천지방법원 2019.07.04 2019고단1647
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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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

On January 6, 2019, at around 05:33, the Defendant driven a DNA A5 car under the influence of alcohol concentration of 0.124% without obtaining a driver's license, while driving a DNA A5 car under the influence of alcohol concentration of 0.124%.

The Defendant, while under the influence of alcohol level 0.124% at the time, was in a state where normal driving was difficult due to the influence of alcohol, such as the climatics divided into horse while under the influence of alcohol level 0.124%.

Nevertheless, the Defendant, at the above date and at the above place, sustained injury by the victim G (the age of 26) who was on the part of the Frighting car driven by the victim E (the South, the age of 25) who was under signal at the front of the said car, and was on the EM car, due to the part of the front part of the said A5 car, and was on board the EM car, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on the occurrence of a traffic accident, report on the state of drinking drivers, report on the state of standing and statement, report on the control of drinking driving, vehicle photographs of the accident, report on the actual condition of traffic accidents, and

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 related to the crime, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up long-term punishments);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Two times due to drunk driving and two times due to unlicensed driving.

Drinking water is high.

The favorable circumstances: Recognizing the crime, it is against the law.

The victims are injured.

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