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(영문) 광주지방법원 2018.04.19 2018고단266

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

On November 24, 2017, when the Defendant was unable to drive normally due to a alcohol level of 0.216% from blood alcohol level among blood transfusions at around 23:00, the Defendant driven a 2km B car from the Do in front of the neighboring apartment site in the Song-ro 36-14, which is in the middle-ro 36-14, and continued to drive as an open apartment from the Do in the middle-ro Do in the middle-ro Do in the middle-ro Do in the middle-distance Do in the middle-distance Do. At the same time, the Defendant was unable to take part of the above part of the road in the front of the road in the middle-round Do in the middle-distance Do in the middle-distance Do, and was unable to take part of the road in the right side of the above passenger vehicle due to negligence, which led to the victim's injury to the right side of the road in the middle of the above passenger vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The evidence and photographs of each traffic accident;

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

1. The circumstantial report (whether to drive any danger);

1. A copy of a general medical certificate;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, as prescribed by the relevant Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a dangerous motor vehicle);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of the punishments prescribed for each of the above crimes: Provided, That the maximum of the punishments prescribed for the crimes of violation of Road Traffic Act shall be set at the lowest of the punishment prescribed for the crimes of violation of Road Traffic Act);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the types of decisions] are type 1 (the injury or injury caused by traffic accidents) (the person with special sentencing).