특정범죄가중처벌등에관한법률위반(위험운전치상)등
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.
Punishment of the crime
The Defendant is a person who is engaged in driving a BS car.
On April 18, 2017, the Defendant was under the influence of alcohol of 0.12% in blood, and was under the influence of 0.12% in the same manner, and was under the influence of four lanes from four lanes on the side of the Sungho Park Park in the course of driving the said vehicle on the waterside in Incheon in accordance with the four-lanes of the 4-lanes of the Suho Park Park at the time of Ansan-si, the Defendant was under the influence of the victim C (the 38-year-old driver), who was under the influence of the alcohol level of 0.12% in alcohol level, and was under the influence of the Defendant as the part of the front wheel of the driver’s seat of the car of the Plaintiff (the 38-year-old driver), and was under the influence of the Defendant.
As a result, the Defendant driven a car in the above administration in a state where it is difficult to drive the car normally due to influence of drinking, and suffered the victim E (the victim, who is the passenger of QM6 riding) for approximately two weeks of medical treatment, such as the climatic salt, etc., and the climatic salt, etc. requiring approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver;
1. Statement of the circumstances of the driver involved in driving;
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 (referring to the injury or injury caused by the driving of each hazard) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence 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 suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture [the scope of recommended punishment] In the case of minor injury (the person subject to special mitigation) (the person subject to special mitigation)] / In the case of drinking driving, etc. (the decision of sentence] imprisonment for eight months, suspended sentence for two years, the community service order for 80 hours, the order to attend a lecture for forty hours, and the defendant was under the influence of drinking again.