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(영문) 의정부지방법원 2018.07.11 2018고단1585

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a vehicle with sond vehicle of C.

On December 28, 2017, while under the influence of alcohol 0.258% during blood, the Defendant driven the said vehicle while driving the said vehicle at a level of 16:30%, and driving the said vehicle at a rate of 865% higher than the two-lane 8,000,000, one lane in front of the two-lane 865,000, in the direction of the two-lane additional two-lanes depending on the two-lane 3 lanes, the Defendant, without showing the right and the right at the right and the right and the right and the right and the right and the right and duty of the victim D (56 years old) who was under the influence of alcohol, was difficult to drive normally and without showing the right and the right and the right and duty of the vehicle at the direction of the victim D (35 years old) who was under the influence of alcohol, was shocked with the front part of the said vehicle by the Defendant’s driver.

As a result, the Defendant suffered from the above occupational negligence the injury to the Da, which requires approximately 2 weeks of medical treatment, such as catitis, and the injury to the above F, such as a hot spring, where there are no two open situations requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Photographs of CCTV image data;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime and the selective punishment, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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. Since each of the reasons for sentencing under Article 62(1) of the Criminal Act is in a mutually competitive relationship, it is excluded from the scope of the sentencing guidelines, but the scope of the recommendation corresponding to a single criminal offense was considered.

Traffic crime group shall be classified into one kind of ordinary traffic accident.