특정범죄가중처벌등에관한법률위반(위험운전치상)등
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 17, 2018, while under the influence of alcohol level 0.229% from blood alcohol level around 04:03, the Defendant was negligent in driving a vehicle of 0.20% in front of the D located in Busan, Jin-gu, Busan, while driving a vehicle of 0.29%, and was negligent in driving the vehicle in front of the D in front of the Busan, the Defendant sustained injury, such as fworkal dume, etc. of the victim E (50 years old) who was trying to temporarily stop in front of the vehicle while driving the vehicle in front of the said vehicle while driving the vehicle in front of the said vehicle in front of the said vehicle.
As a result, the Defendant driven a motor vehicle under the influence of alcohol level of 0.2% or more in blood, and caused the injury to the victim by driving the motor vehicle under the influence of alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
2. A written statement of the occurrence of E traffic accidents;
3. A traffic accident report (the actual survey report);
4. Application of the statutes of the response request for appraisal;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Driving under influence of alcohol: Article 148-2 (2) 1 of the Road Traffic Act (elections by imprisonment);
(b) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
2. Aggravation concurrent crimes within the scope of the sum of the upper sentence of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and Article 38 (1) 2 and Article 50 of the Criminal Act (limited to the aggravated punishment within the scope of the sum of the upper sentence of crimes of violation of the Road Traffic Act, and the lower sentence shall be based on the lower sentence of the crimes of violation of the Road Traffic Act).
3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for not less than six months but not less than six years and six months;
2. Scope of the recommended punishment according to the sentencing criteria;
(a) Determination of types: Traffic crime group - General traffic accident - One type (Bodily causing traffic accidents);
B. Special sentencing factors (1).