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(영문) 춘천지방법원 강릉지원 2017.04.27 2016고단1660
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

1. The Defendant is a person who drives CK3 cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 23, 2016, the Defendant driven the said car in a state of difficulty in driving under normal conditions, such as under the influence of alcohol concentration of 0.189% in the blood on the front of the road located in Gangseo-si D, 01:15, and under the influence of alcohol level 0.189%.

The Defendant, while under the influence of alcohol, caused the Defendant’s negligence to inflict an injury on the part of Defendant F (32 Does) driver’s G bargaining car driving at the front part of the said car at the same direction as the part of Defendant F (32 Does) which was waiting in the signal signal at the front section of the same direction, and suffered an injury, such as a cage of a cage cage that requires approximately four weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On November 23, 2016, the Defendant: (a) driven a CK3 vehicle while under the influence of alcohol by 0.189% at the section of approximately 1.5km from the blood alcohol level to the place specified in paragraph (1) on the roads 78 in Gangseo-si, Gangseo-si, Gangnam-si; (b) around 1.5km from November 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating the driving of drinking, the circumstantial report on the driver of drinking, and the report on whether to drive any danger;

1. Written estimate;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant’s drinking value is high and the victim’s injury is injured.

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