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(영문) 대전지방법원 천안지원 2019.06.12 2019고단664

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D6.5 tons of cargo vehicles) was driven by the victim C, who is traveling at a point 400.4 km in the Busan metropolitan City of Sungnam-si, while driving a Bi40 vehicle under the influence of alcohol concentration of 0.120% on January 11, 201, and driving it at a point 0.120 km from a blood alcohol level, and was driven by the front part of the vehicle driven by the defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the victim E, who was on board the said victim and the damaged vehicle, for about three weeks of medical treatment.

2. While the Defendant was under the influence of alcohol by 0.120% in blood alcohol concentration at the time and time as stated in paragraph (1) of this Article, the Defendant driven a vehicle B 140m from the section of about 15km in the direction of Busan to the point of about 400.4km in the Gannam-si, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A medical certificate (C), a medical certificate (E);

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

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

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 former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, while driving a motor vehicle under the influence of alcohol, has paid a traffic accident.