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(영문) 인천지방법원 2019.08.21 2019고단3883
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS3 car.

On May 25, 2019, the Defendant driven the above vehicle while under the influence of alcohol 00:13, the blood alcohol concentration of 0.245%, and led D previous roads in Michuhol-gu Incheon Metropolitan City to proceed along three-lanes from the intersection of the drawing ICT to the main distance of the city.

The Defendant, under the influence of alcohol as above, neglected his duty to see 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 and the right and the right and the right and the right and the right and the right and the right and the right

As a result, the Defendant suffered from the victim E (the 55 years old), the victim G (the 55 years old) who was on the knife vehicle in need of approximately two weeks of medical treatment, and the victim H (the 52 years old), who was on the same vehicle, the victim H (the 52 years old), who was on the knife in need of medical treatment for about two weeks of medical treatment, respectively, while driving a vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A criminal investigation report (Submission of a medical certificate for a victim);

1. Application of field photographs and vehicle photographs statutes;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the criminal facts under the relevant Act;

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;

1. The primary offense, reflectability, and damage under Articles 53 and 55(1)3 of the Criminal Act are relatively minor.

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