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(영문) 인천지방법원 2020.11.19 2020고단8542
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a vehicle B C.

Around 21:50 on July 23, 2020, the Defendant was driving in three lanes in the direction of the road basin in front of D-Road Speed in Dongjak-gu Seoul Metropolitan Government, and the Defendant was under the influence of a normal driving of the said vehicle due to occupational negligence while driving the said vehicle in a situation where normal driving is difficult due to the Defendant’s fault in the course of business, thereby taking the victim’s back the back part of the Fstrentop vehicle in the front of the Defendant’s vehicle into the front part of the Defendant’s vehicle, and causing the said victim to inflict the injury on the Defendant, such as the downline, tension, and tension, which requires the Defendant’s treatment for about two weeks at the left end of the vehicle. The Defendant suffered the injury of the victim G (V, 53 years old) who is the passenger of the damaged vehicle, such as the brain finite, etc., without a two-day medical treatment for about three weeks, and the injury of the same passenger E (V, 25 years old).

2. Around July 23, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driven a vehicle B C in the state of alcohol with approximately 400 meters alcohol concentration of 0.164% from the section of approximately 400 meters to the front road of Dongjak-gu Seoul Metropolitan Government H on the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Each written diagnosis;

1. Investigation report (report on the circumstances of the host driver and the application of the Badmark formula);

1. Application of Acts and subordinate statutes to traffic accident reports, report on the occurrence of traffic accidents, report on the circumstantial statement of the driver concerned, and report on the accident vehicle;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the crime as to the crime;

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 sum total of the long-term punishments under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the scope of concurrent crimes; and

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