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(영문) 대전지방법원 천안지원 2018.10.05 2018고단1521

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 engaged in driving a motor vehicle with soflurt C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 12, 2018, the Defendant, while driving the said vehicle under the influence of alcohol content of 0.168% during blood transfusion, and driving the said vehicle at a normal speed of 0.168%, was due to the Defendant’s negligence, which led to the Defendant’s failure to drive the said vehicle at the right side of the front direction while driving the two lanes toward the “E” in south-gu, East-gu, East-gu, East-gu, the Defendant received the victim F (46 years), G (52 years) crossing the road to the port from the right side of the said vehicle, and the front direction of the said vehicle.

As a result, the Defendant suffered from the victim F’s negligence in the above occupational negligence the injury of cryp salt, etc., which requires approximately six weeks of medical treatment, and injury to the victim G, such as cerebral sye which does not have an open cryp for three weeks of medical treatment.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol content of about 0.168% during blood while under the influence of alcohol content at approximately 500 meters from the front of a main point where it is impossible to find out the trade name in the south-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Seoul

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A survey report on actual conditions;

1. A report on the occurrence of a traffic accident (here and photograph);

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notice of the result of crackdown on driving drinking;

1. A written inquiry about the result of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.