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(영문) 인천지방법원 부천지원 2020.06.11 2020고단371
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years 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 B-man car.

On December 10, 2019, the Defendant driven the above car on December 20:3, 2019, and driven the blood alcohol concentration of 0.217 percent, and led the Defendant to proceed one-lane of the three-lanes from the intersection of the remote distance of 155 Seocheon-si to the intersection of the remote distance of 0.217 percent.

The Defendant, while driving the said vehicle in a state where normal driving is difficult due to influence of alcohol, was shocked to the part of the victim C (the 47-year-old driver), who was in the atmosphere of the signal at one lane from the front side of the vehicle of the Defendant, and suffered bodily injury, such as chills and tensions for about two weeks in need of medical treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, regulations on the results of drinking driving, notification, photographs of damaged vehicles, written appraisal of blood alcohol, diagnosis certificates, and written report on the driving of drinking drivers;

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 the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of long-term punishments, the lower limit shall be based on the violation of the Road Traffic Act);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the equivalent of the negative values and criminal power, but the criminal power is relatively old, and mainly used to commit violent crimes, the degree of injury is minor, the degree of injury is minor, the agreement with the victim is against each other, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The order of education is issued on the grounds of not less than Article 62-2 of the Criminal Act;

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