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(영문) 제주지방법원 2018.04.20 2017고단2211

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. Around July 20, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) was driving a B Lone Star bicycle and then moving the road in front of the distance of ancient movable property located in the city of Jeju to the direction of 8 square, the Defendant sustained the injury of salt and the tension in need of approximately two weeks of treatment on the left side of the square, while driving a motor vehicle while under the influence of alcohol content of 0.252% under the influence of alcohol during blood, while driving the motor vehicle in the state of normal driving, while driving the motor vehicle in the state of 0.252% under the influence of alcohol, the Defendant sustained the injury of the victim C (40 years of age) who was directly driving the D C(the right side of the said 40-day motor vehicle) driving from the right side of the river to the luminous ray.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said Cost Sheet while under the influence of alcohol with 0.252% of alcohol content in blood at the time and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs on the scene of the accident;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. C’s statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment against the crime: The provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes: Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated to the extent that the total sum of the long-term punishments of two principal crimes stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment shall be aggravated, but the minimum penalty shall be determined by the crime of violation of Road Traffic Act;

1. Reduction of a small amount: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protective observation, community service order, and order to attend lectures: The reason for sentencing under Article 62-2 of the Criminal Act.