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(영문) 대구지방법원 안동지원 2018.11.30 2018고단622
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

The defendant is a person who is engaged in the operation of Cunst Motor Vehicle.

On January 22, 2018, the Defendant driven the said car at around 15:50, and was under the influence of alcohol level 0.245% of the blood alcohol level, and was under the influence of alcohol level 0.245% of the vehicle without the driver’s license, and was under the influence of alcohol level 0.245%, and was under the influence of alcohol level 0.245%, and was under the influence of alcohol level, and was under the influence of alcohol level at both sides, and was under the influence of alcohol level, and was under the influence of alcohol level fi30 driving of the victim E (66 years old) who was under the influence of the center line, and was under the influence of alcohol level at the front of the left part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a hot spring, in which there is no room within two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of crackdown on the driving of alcohol, response to requests for appraisal, report on the circumstances of the driver placed in driving, report on detection of the driver placed in driving and the register of driver's licenses

1. A report on the occurrence of a traffic accident, a traffic accident report, a next-time inquiry, and a medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and the punishment for a violation of the Road Traffic Act with heavier punishment);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order and the like;

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