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(영문) 대구지방법원 안동지원 2018.10.02 2018고단227

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a ice car.

On April 1, 2018, while the Defendant driven the said vehicle with alcohol level of 0.170% at around 00:26, while driving the said vehicle at around 00:170%, and going to the left at the right edge of the 378-Dong-dong road located at the right edge of the Sindong at the right edge of the vehicle at the right edge of the vehicle at the right edge, the Defendant received the victim C (44 years) who was a victim of the said vehicle (44 years) who was standing on the right edge of the vehicle due to an occupational negligence going to the right edge of the vehicle due to the influence of alcohol and went to the right edge of the road at the right edge of the vehicle at the right edge of the vehicle.

Defendant 1 suffered injury to the victim, i.e., approximately six weeks of medical treatment due to occupational negligence, such as minct potteries and potteries, without any mentioning mentioning the frameworks of the pelpel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting the occurrence of a traffic accident, notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, report on a traffic accident, photographs, medical certificates, and application of statutes to the ledger of driver's licenses

1. In cases of causing bodily injury to the driving of a relevant legal danger to the crime: Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of Imprisonment): Articles 148-2 (2) 2 and 44 (1) (Selection of Imprisonment with prison labor) of the Road Traffic Act;

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 regarding the order to provide community service and attend lectures is that the defendant, while drunk, has violated the signal while driving the crosswalk, and the nature of the crime is hot, and the degree of injury of the victim is very serious.

However, the defendant is a first offender with no criminal history, recognizes his/her mistake and reflects his/her depth, the fact that he/she has agreed with the victim smoothly, the fact that he/she plans to marry between the victim and the victim, and other age, sex, etc. of the defendant.