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(영문) 청주지방법원 2018.10.26 2018고단2003
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a small-sized car B.

1. On July 30, 2018, when the Defendant was unable to drive normally at 0.174% of alcohol content during blood transfusion at around 18:00, the Defendant shocked the front floor of the D cafeteria located in Heung-gu Seoul Metropolitan City with the direction of the post office of Cheongju in the Cheongju-dong Section, from the Cheongju-dong Section, at a speed unfolded by the direction of the post office of Cheongju-gu in the Cheongju-dong Section, with the upper part behind the Defendant’s F QM3 car volume of the victim E ( South, 21 years old).

As a result, victims E (the South, 21 years old) suffered from injuries such as salt ties and tensions that require approximately two weeks of treatment, and scarcitys and tensions that require approximately two weeks of treatment to victims G (the victims 21 years old).

2. The Defendant, starting from the place and time of the above 1.1.3 to the southwest of the same Shindong-dong-dong-dong-2, operated the Category B B B B of the passenger car with alcohol content of about 0.174% in the blood alcohol content at approximately 7km.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on drinking;

1. A photograph description;

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

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

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

1. Selection of each sentence of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is a previous conviction for the same kind of crime, circumstances favorable to the degree of alcohol content in blood: the fact that there is no previous conviction in excess of a fine, and that there is no previous conviction in excess of a fine, and all of the above circumstances agreed with the victims, the defendant's age, sexual behavior, environment, motive, means, means and consequence of the crime, etc. shall be determined as ordered by the order, comprehensively taking into account the circumstances before and after the crime.

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