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(영문) 창원지방법원 진주지원 2018.01.24 2017고단1046
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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 the driving of the passenger car in Ireland.

On October 16, 2017, the Defendant driven the said car with alcohol level of 0.146% during blood transfusion around 15:27, while driving the said car at around 0.146%, and proceeded with the road in front of the “D cafeteria” located in the South Sea C of South Sea by “Seoul Village” at the seat of the C.

Since a number of vehicles were in progress at the time, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving another vehicle's attitude in the front side.

Nevertheless, the Defendant neglected to drive under the influence of such drinking as above while it is difficult for the Defendant, and neglected to do so in the same direction, and caused the Defendant’s injury to the light-line salt that requires approximately two weeks of medical treatment to the victim due to the franion of the victim E ( South, 60 years old) driving, which was going ahead of the same direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Relevant photographs;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of imprisonment for each sentence concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated by the concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment: Provided, That the lowest sentence shall be determined for the crimes of drinking in violation of the Road Traffic Act];

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing guidelines are recommended to be applied: 8 months to 2 years (aggravating areas).

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