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(영문) 춘천지방법원 원주지원 2018.08.23 2018고단661

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving BMW 740d motor vehicles under the influence of alcohol at around 00:0,00 and driving them at around 0.130% of alcohol concentration in blood, and driving them on the surface of the apartment bank located in the front city in the front city in the front city in the front city in the front city in the front city in the front city in the front city, the Defendant suffered from the injury, such as salt, tension, etc. of the victim D(54) driving, the Defendant was under the influence of alcohol on the part of the front vehicle in the front of the driving of the Defendant.

2. The Defendant, while under the influence of alcohol concentration of 0.130% during the blood transfusion during the above day, driven the said car on the road at approximately 4 km away from the front place of the instant accident, from the “Sabane Ba,” located in the 615-2 of the Won-si in the city of Won-si to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition of driving at home, a report on the results of regulating the driving of drinking, a report on the circumstances of the driver at home, a report on whether to drive any danger, and a medical certificate;

1. The application of Acts and subordinate statutes to the investigation report (timely 45);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (hereinafter referred to as Special Reduction (Aggravated Aggravation) (including efforts to recover damage) / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act is serious, or in cases of bad driving (a decision of sentence) is serious, or in cases of bad driving.