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(영문) 대전지방법원 천안지원 2018.05.03 2018고단432

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On December 20, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driving on the part of “Acheon At the end of Asan City,” driving a 1-lane of the road in front of Asan City, on the part of “Acheon At the end of Asan City,” while driving on the road in front of Asan City, under the influence of alcohol content 0.119% while under the influence of alcohol during blood at around 22:20 on December 20, 2017, and received the front portion of D Driving E bus that is proceeding at the opposite lane of the Defendant’s running.

In this accident, the victim F (maek, 18 years old) and G (maek, 18 years old), who are passengers of the above bus, suffered approximately two weeks of treatment, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car in the section B B of about 5km from the head of the Hobi University located in the Eup/Myeon in Asan-si, Asan-si to the roads of ASEAN-si, under the influence of alcohol content of 0.19% during the date and time of blood as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (F, G);

1. A survey report on actual condition and on-site photographs;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the circumstances of the driver of drinking;

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

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 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 ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].