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(영문) 인천지방법원 2020.02.05 2019고단8757
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Around 00:30 on September 7, 2019, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was driving a DNA-learning car on the front of C in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and was straighten from the boundary of the boundary of the boundary of the boundary of the horizontal distance. In so doing, the Defendant, due to negligence in the course of business, who neglected the duty of the front-rounding in the situation where it is difficult to drive normally due to the influence of alcohol concentration of 0.171%, left the back part of FK7 car of the victim E (the 40-year-old driver) while stopping in the front of the same lane.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as climatic pains, which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the frighting car under the influence of alcohol content of about 0.171% from the 200-meter section from the 4-dong, Nam-gu, Incheon Metropolitan City to the point of the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15408

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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