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(영문) 춘천지방법원 원주지원 2018.10.18 2018고단890
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 28, 2018, the Defendant: (a) driven a B low-speed painting vehicle with alcohol concentration of 0.205% in the blood around 22:00 on June 28, 2018; and (b) turn to the left at a speed from the side of AK plra to the point of origin of the Plaintiff at a speed of 0.205% in the original city.

The Defendant, due to influence of drinking, did not perform his duty of care to drive on the right side and the right side in a state where normal driving is difficult, and did so without performing his duty of care to drive safely, and did so on the part of the Defendant’s occupational negligence, thereby causing injury to the Defendant, such as salt, tension, etc. in need of medical treatment for about 10 days after the left side of the Defendant’s driving vehicle, which was parked on the fat side of the road.

2. Defendant 1, while under the influence of alcohol, was driving the said vehicle on the road at approximately 7 km from the 160 km-ro to the place of the accident at which the said vehicle was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver of a vehicle driving, a report on whether to drive any danger, a notification of the results of regulating drinking and the application of statutes;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] In the case of the basic area (4 months to 1 year), (4 months to 1 year), punishment is not imposed (including special mitigation (including efforts to recover damage), driving under drinking, etc. (the decision of sentence] the degree of main driving is 0.2%.

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