beta
(영문) 대전지방법원 천안지원 2018.05.18 2018고단286

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. On February 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) was driven by the victim C (50 years old) who is proceeding at the front of the Defendant’s car while driving the 0.171% alcohol concentration in blood at around 00:40, while normal driving is difficult due to the influence of 0.171% of alcohol concentration in blood, and driving the 236 lane in the north-gu, west-gu, Yanananananan-gu.

As a result, the defendant suffered from the victim's salt scopic scopic scopty which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) at a time and time like paragraph 1, the Defendant driven a Bppon car in the state of alcohol alcohol concentration of about 0.171% from the 1km section of the blood alcohol concentration to the front of the road located in the right 236, west-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, where it is difficult to know the trade name in the south-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger, the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime (the point of driving alcohol and the choice of imprisonment);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] general traffic accidents, type 1 (the person subject to special mitigation] in the event of minor injuries (the person subject to special mitigation] [the type 1] driving, etc. (the scope of the recommended punishment] in the case of driving, etc.