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(영문) 수원지방법원 2017.06.14 2017고단1091

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, while driving at around 20:50 on January 19, 2017 and under the influence of alcohol level of 0.182% on blood, was driving the said vehicle on the two-lanes side of the two-lane road in front of the D cafeteria located in the wife population C, and driving the vehicle at the front side of the two-lane road located in the D cafeteria at the flood. It is inaccurate that the Defendant was under the influence of alcohol, while driving the vehicle at the center, and driving it on the two-lanes side of the two-lane road in the waterside, and it is difficult for the Defendant to walk out that the Defendant was under the influence of alcohol while driving the vehicle at the center, and caused the victim to suffer damage to the victim’s fNC 125B Ob, the front side of the victim E (42) driving the vehicle at the center, and caused the injury to the victim, such as the injury to the victim and the injury to the inner part, and the injury to the inner part of the vehicle.

As a result, the Defendant driven a vehicle while under the influence of alcohol level 0.182% in blood, and caused the injury to the victim by driving the vehicle under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, on-site photographs of accidents, reports on detection of primary drivers, and reports on diagnosis of victims;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) The crime of subparagraph 1 [the scope of recommending punishment] / [the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Driving Motor Vehicles] / [the scope of recommending punishment] the case where an injury occurs in the area of special aggravation (8 months to 3 years), and drinking, etc. (one type) / the case where an injury occurs in the area of special aggravation (the special aggravation)

(b) 8 months of imprisonment with prison labor for multiple crimes;