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(영문) 수원지방법원 2019.05.02 2019고단953
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

On December 9, 2018, the Defendant driven the said car under the influence of alcohol level of 0.290% on December 9, 2018, as a person who is engaged in driving a car in the SPP area B, and driven the said car under the influence of alcohol level of 0.290% on December 9, 2018, and led the front intersection in front of D, which is located in SPP C, to the direction

At the time, the Defendant, while under the influence of alcohol, was unable to drive a Hand or brate in a physical and mental condition to such an extent that it is difficult for the Defendant to operate the said vehicle normally as intended, but the Defendant driven the said vehicle to left the left in violation of the signal and sustained the injury of the Victim E (the 49-year-old driver) driving that was normally straighted from the opposite lane in accordance with the straight line at the front of the vehicle in the front of the vehicle in the right place to left the left, resulting in the Defendant’s injury, such as a climatic dump, etc. requiring approximately four weeks medical treatment to the victim E, who is a passenger of the said strenton vehicle, and suffered the injury of the climatic dump, etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Medical certificates (E, G);

1. Reporting on the occurrence of a traffic accident and photographs of the accident site;

1. Application of Acts and subordinate statutes of a report on the detection of suspect drinking and drinking drivers;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for the crimes of the above two crimes is added, however, the minimum shall be used for the violation of the Road Traffic Act) of the aggravated criminal punishment;

1. Article 62 of the Criminal Act:

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