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(영문) 춘천지방법원 2018.07.05 2018고단62

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 of a C Poter cargo vehicle.

On November 26, 2017, the Defendant driving the said vehicle at a drinking level of 0.156% in alcohol content among blood transfusions, and moving back the street in front of the E in Chuncheon-si D to the room of the public parking lot in the Dong-si market at the seat of the Dong-si market. On November 26, 2017, the Defendant, by negligence, neglected to perform the duty of the Jeonju-si in the situation where it is difficult to drive the vehicle normally due to the influence of alcohol, caused the victim F (n, 67 years of age) lying from the front part of the said vehicle to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand neck and the alley, which require approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the scene of a traffic accident, report on the scene of a traffic accident, report on the results of crackdown on drinking driving, report on an investigation (report on the situation of a driver

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of drinking alcohol driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the total of long-term punishments for each crime: Provided, That the minimum sentence of imprisonment shall be determined by the penalty determined for the crime of violation of Road Traffic Act) of the aggravated punishment for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education appear to have been against the Defendant’s criminal act, and the Defendant subscribed to a comprehensive insurance. The court has agreed to pay the victim KRW 5 million in the course of the trial, and there is no criminal history that has been punished since 2009.

However, the Defendant’s alcohol concentration 0.0