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(영문) 인천지방법원 부천지원 2019.07.25 2019고단1468
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:31 April 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant driving) driven a Malaysia car and proceeded along three-lane the front road of Seocheon-si, with the view to the view to the view of the view of the view of the view of the view of the view of the view of the view of the view of the view that the Defendant was unable to properly perform the duty of the view of the operation of the taxi while it is difficult due to the influence of drinking, such as the influence of drinking, such as the influenite, walking, drinking, drinking, and drinking on the face of the fluor in a manner that makes it difficult for the Defendant to normally drive the fluor of the victim D (74 years old) in the front of the passenger car of the Defendant, and suffered the injury of the victim D, such as the influorite and the tension for two weeks treatment of the fluor in the front of the taxi.

2. Violation of the Road Traffic Act (Refusal to take a drinking level) was requested by a police officer to comply with a drinking test by inserting the breath in a multiple drinking measuring instruments, and without justifiable grounds, even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a drinking, smelling and smelling from the G District at the Busan, Hun-Ba Police Station G District at the House of the Busan, U.S. M., 200 that called the scene, after having caused an accident by driving as mentioned above, the Defendant did not comply with a police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time, two times);

1. Statement made to D by the police;

1. The actual condition survey report;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on internal investigation:

1. The user ledger of the measuring instruments for drinking;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury resulting from dangerous driving) and the Gu as to the crime under the corresponding provision of the Act.

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