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(영문) 광주지방법원 2019.01.17 2018고단4446

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2018, at around 00:25, the Defendant was unable to drive normally, while driving a 0.214% alcohol level CK5 vehicle at the speed of 0.25%, according to the front Do of the building in Gwangju Mine-gu E ahead of the road located in Gwangju Mine-gu, by driving a 30-meter C K5 vehicle at the speed of the Do in front of the building in Gwangju Mine-gu. However, even if the Defendant had a duty of care to safely drive the steering gear and operation of the steering gear, by neglecting the duty of care, and by neglecting the duty of care to safely drive the steering gear and operation of the steering gear, the Defendant sustained the victim’s injury by taking the part behind the right side of the GMW vehicle in front of the left side of the above 5 vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the maximum of the punishments as provided for in each of the above crimes, and the minimum of the punishments as provided for in the Road Traffic Act shall be applicable] among concurrent crimes;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] of ordinary traffic accidents (the special person causing a traffic accident) - No penalty for mitigation element - Intoxicated driving [decision on the recommended area] basic area [decision on the recommended area] from April to one year [the scope of recommendation] [general person] without criminal punishment [decision on the sentence] and the above sentencing factors (decision of sentence].