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(영문) 인천지방법원 2018.07.25 2018고단4124
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 17, 2009, the Defendant was issued a summary order of 1.5 million won by the same court as a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on August 17, 200 and a fine of 1.5 million won by the same court on June 18, 2012.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 28, 2018, the Defendant driven the above vehicle at a speed of 0.179% alcohol level while under the influence of alcohol leveling from around 06:50, the Defendant was at a speed of about 60 kilometers per hour in the direction of the Southern East-gu Incheon East-gu along three lanes in the direction of the south East-dong Authority along the south-dong Authority, while he driven the above vehicle at a speed of about 60km in the direction of the south-dong Authority, he was negligent in neglecting the signal, etc. under the influence of the influence of alcohol while he was under the influence of the alcohol leveling due to the negligence of neglecting the signal, etc. at a speed of about 60km in the direction of the south-dong Authority, and suffered from the injury, such as salt and tension, etc. in need of about 2 week treatment by the victim of the victim E, who was under the influence of alcohol leveling from the right side of the Defendant’s proceeding to the left side of the said signal.

2. Although the Defendant had been subject to punishment twice or more due to drinking driving, the Defendant was driving a motor vehicle of the burged from a section of approximately 1km of alcohol level 0.179% in blood alcohol level from a section of approximately 1km from the old-dong, Nam-gu, Incheon Metropolitan City (hereinafter referred to as the “Seoul-gu”) to the same Gu’s front street, such as the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident vehicle photograph;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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