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(영문) 춘천지방법원 강릉지원 2019.04.26 2019고단200
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) received from the victim E (the 44 years old) who was under the influence of traffic signal at the front of the said car, and was negligent in neglecting the front of the road in the front of the said car while driving the B Sstoke car under the influence of alcohol concentration of 0.128% and driving it normally difficult for the Defendant to drive, and driving it on the front of the said car, and was negligent in neglecting the front of the road in front of the road in the direction of the instant car, thereby causing injury, such as the catum fla and tension in need of medical treatment for three weeks.

2. Around 22:49 on January 25, 2019, the Defendant: (a) driven a B Stoke vehicle with a blood alcohol concentration of about 0.128% from the 1km section from the front of a restaurant located in Gangseo-si G “H” to the front road located in Gangnam-si C, which is an accident site, from the front road located in Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a report on hearing statements, a report on actual condition investigation, and photographs;

1. Notification of the control of drinking driving, report on the situation of drinking drivers, and report on whether to drive any dangerous motor vehicle;

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 related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the first offender, the fact that he/she has subscribed to a comprehensive insurance, the fact that he/she has deposited for victims, etc.);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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