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(영문) 수원지방법원 여주지원 2018.02.14 2018고단19

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. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 9, 2017, the Defendant: (a) while driving the said vehicle under the influence of alcohol content of 0.158% in blood at around 02:55, while driving the said vehicle on the front of C at the time of inn, the Defendant received the part of the victim D (47 years old) who driven the remainder of the center line under the influence of alcohol as above, driving the vehicle on the front right side of the said vehicle, due to the negligence of the victim D (47 years old) who driven the said vehicle on the upper right side of the said vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as base salt, which requires approximately two weeks of treatment, and the victim F (3 years of age) who was accompanied by the above work vehicle, from the right side side of the right side in need of treatment for about three weeks.

2. On December 9, 2017, the Defendant was under the influence of alcohol 0.158% during blood transfusions at around 02:5 on December 9, 2017, the Defendant driven a vehicle of sodn-turb from the section of approximately 500 meters from the mutual influence, which is located in the off-site, to the front road of the influence at the influence, to the influence of C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (which is between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the injury caused by a dangerous driving);

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 [the recommended sentence].