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(영문) 수원지방법원 2017.10.18 2017고단5196
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On 08.07. 01:05, the Defendant: (a) driven the said vehicle under the influence of alcohol concentration of 0.103% in blood around 01:05, while driving the said vehicle, and (b) driven the said vehicle into the mouth of the mouth of three lanes in front of the Shast Office Office, as the Shast Office Office Pound was driven by the mouth of the front of the Shast Office, and the head of the Gu. As such, the Defendant was installed at the center of the yellow-ray cell line, the face of which should be observed and operated safely, regardless of the fact that there was a duty of care in driving the vehicle, such as a state in which walking is not normal; (c) was unable to properly drive the vehicle under the influence of drinking, and (d) was under the influence of driving the said vehicle, and (d) was under the influence of the victim’s right of driving the vehicle, and (d) was under the influence of the victim’s right of driving the vehicle, and (e) was under the influence of the victim’s right of the vehicle.

Accordingly, the defendant driving a drinking, and driving a motor vehicle in a situation where normal driving is difficult due to drinking, thereby causing injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of a traffic accident, on-site photographs of the accident, the circumstantial statement of the driver in charge;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances in light of the reason for sentencing) is unfavorable - drinking and any accident resulting therefrom.

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