특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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 became final and conclusive.
Punishment of the crime
On May 12, 2016, at around 04:45, the Defendant driven a car under the influence of alcohol of 0.206% with a blood alcohol concentration of 0.20%, and driven away from the direction of the bank the shooting distance of the reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception.
As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the trend requiring treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual condition survey report;
1. A report on the actual state of the driver;
1. A report on detection of a host driver;
1. Drinking free trade;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of punishment for the crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the selection of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);
1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution where a minor injury occurs in the area of mitigation (one month to eight months) of the area of mitigation of traffic accidents in general traffic accidents in the area of mitigation (special mitigation) [the decision of sentence], in the case of a punishment not to punish or a drunk driving, etc. [the decision of sentence] disadvantageous: the occurrence of a traffic accident during a drunk driving, the fact that the blood alcohol concentration was higher: the fact that erroneous recognition is made, and the degree of injury suffered by the victim is not very serious, and an agreement is made with the victim.