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(영문) 대전지방법원 천안지원 2018.05.03 2018고단187

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2017, the Defendant driven BK5 vehicles with alcohol content of 0.276% in a state where normal driving is difficult due to the influence of alcohol at around 03:24, while driving, and driving along two lanes in the direction of the same new distance in the direction of the hot spring basin in the direction of the hot spring station in the front of the C in Asia-si, Isan-si. On the other hand, the Defendant received the part of the victim D ( South, 51 years old) who was waiting for the aforementioned signal E-driving part of the vehicle behind the Defendant’s driving vehicle.

In this accident, the victim suffered injuries, such as salt ties, tensions, etc., in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (D);

1. A report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, and photographs of the accident scene;

1. Inquiry into the results of crackdown on driving of alcohol, report on the circumstances of the driver under driving of alcohol, investigation report (report on the circumstances of the driver under driving of alcohol), response to requests for appraisal, and written appraisal of alcohol during blood;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated (to the extent that the punishment is aggregated with the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the lowest limit of which is determined

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) in the basic area (4-1 year) [Special Sentencing Person] / Driving (Special Sentencing Person] [Pronouncement Decision] The details of the instant crime, the occurrence of the accident, the degree of the victim's relation, the degree of the victim's relation, the victim's punishment, and the defendant's vehicle disposition.