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(영문) 대전지방법원 홍성지원 2017.11.29 2017고단710

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 is a person who is engaged in driving a cuss car in B.

On August 3, 2017, the Defendant driven the said car under the influence of alcohol content of 0.207% in blood around 18:30 on August 3, 2017, and continued to drive the said car in front of the D gas station in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, by using the D gas station in front of the D gas station in Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, as the right-distance flooding side of the daily distance from the non-human Eup.

At all times, the victim E-driving Fenz GLK220 passenger cars are proceeding in the same direction, so the driver of the vehicle has a duty of care to look at the front and right and the right and the right and the right and the right and the right of the driver of the vehicle, and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the defendant found that the above GLK220 vehicle stopped in accordance with the above GLK 220 vehicle stop due to the negligence of neglecting it while it is difficult for the defendant to drive the vehicle normally due to the influence of drinking, as seen above, late, and operated the above GLK 20 vehicle, but the above GLK 20 vehicle was behind the above GLK 220 vehicle.

Ultimately, the Defendant suffered from an injury to the victim by occupational negligence during the two-day period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, reports on detection of drivers at the main place, circumstantial statements by drivers at the main place, diagnosis reports, and investigation reports (Evidence List No. 19);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act, and others.