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(영문) 전주지방법원 2018.04.03 2017고단2149

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle CPoter Class II in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 20, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.232% while driving the said vehicle under the influence of alcohol level of 0.232% at around 02:58, while driving the said vehicle in front of the agricultural cooperative in front of the 280th city at the front city at the front city at the front city at the front city at the front city at the front city at the front of the front city at the front of the two-lane in the front of the two-lane, as in front as in front as in front, while driving the two-lanes in front of the said vehicle in front of the victim D (n, 42 years old) driving the vehicle under the same direction for waiting in the front direction at the front of the Defendant’s cargo vehicle, the Defendant suffered the ewning and tension of the chill in need of approximately two weeks treatment.

2. Defendant 1 driven a Poter II cargo vehicle under the influence of alcohol concentration of approximately 0.232% in the section of 650 meters from the 1960m of blood alcohol level to the roads in front of the Agricultural Cooperatives in the front of the Donsan-si, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to the end of the 280-day Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation into the actual condition of traffic accidents;

1. Notification of the results of regulating drinking driving;

1. A dangerous driving report;

1. Statement;

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 (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. One kind of general traffic accident (the scope of recommended punishment).