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(영문) 수원지방법원 안산지원 2018.12.26 2017고단3220
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 10, 2007, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution with respect to a violation of road traffic law (drinking driving) in the early branch of the Chuncheon District Court on July 10, 2007. On April 19, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution.

1. On December 16, 2016, the Defendant driven the said vehicle under the influence of alcohol content of about 2 km from the front of the mountain basin in the Gulsan-si, a member of Ansan-si to the dynamic 3rd Raro-ro of the same Gu, while driving the said vehicle under the influence of alcohol content of about 0.201%.

2. The Defendant injured by dangerous driving, like the description in paragraph 1, was driving a chip 3-ro Ra of Asan-si, Asan-si, a member of Asan-si, with the cromatic distance from the long distance of training. However, even though it was difficult for the Defendant to drive the crop in a normal manner due to drinking, the Defendant suffered from the injury of the victim C driver's Dr. Dr. C, who was in the signal waiting at the front of the mast-si, due to the negligence that the Defendant was unable to look at the front while driving the said crop vehicle, and caused about two weeks of the above crop vehicle.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating the driving of drinking, and drinking freeers;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) (Appointment of Imprisonment with prison labor in respect to the crime) (1) of the Road Traffic Act;

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. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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