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(영문) 창원지방법원 2019.06.19 2019고단824
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is a person who drives a Grand bus in Ireland.

On March 14, 2019, at around 00, the Defendant driven a 0.182% alcohol concentration with the blood alcohol concentration. On March 21, 2019, the Defendant driven the said marcing vehicle, and led the D store front of the D store C located in the window of Changwon-si, Changwon-si, to the F Apartment-si speed.

그곳 전방 우측 도로변에는 다른 차량들이 주차되어있었음에도 피고인은 술에 취하여 전방 주시를 태만히 하여 그대로 진행하다가 위 승합차의 앞범퍼 부분으로 진행방향 우측 도로변에 주차되어 있던 G 모닝 승용차의 뒷범퍼 부분을 충격한 후 옆으로 튕겨져 나가면서 중앙선을 침범하여 반대방향에서 진행해오던 H가 운전하는 I 시내버스 좌측면 후미 부분을 위 승합차 앞범퍼 부분으로 연이어 충격하였다.

As a result, the Defendant driven the above van in a state where it is difficult to drive it normally due to the influence of drinking, and suffered from each injury to the victim J (37 years old) who is the passenger of the above city bus for about two weeks of light base and tension, and the victim K (V, 18 years old) for about two weeks of light base and tension in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents and reports on the results of drinking driving control;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime are the following circumstances.

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