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(영문) 춘천지방법원 2018.07.19 2018고단442
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 driving a B-learning car.

On April 12, 2018, when the Defendant driven the said vehicle under the influence of alcohol 0.285% during blood transfusion at around 15:20, while driving the said vehicle, and moving off the said one lane to the entrance of the gold-free apartment, which is located in the 535-ro sports riding in Chuncheon City, into the air-water market, the Defendant was under the influence of alcohol, and as such, he was under the influence of alcohol, the Defendant was under the influence of the victim C (F) driving the said vehicle under the stop to turn to the left on the opposite part, so long as he was negligent in performing the duty of the power-on-way in the situation where normal driving is difficult due to the influence of alcohol, so long as he was unable to do so, he was under the influence of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salvinal salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. The application of the detailed statement report, investigation report, inquiry into the results of crackdown on drinking driving, each on-site photograph, each on-site survey report, medical certificate, and the like and video-related Acts and subordinate statutes to the accident-related video records;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the total of long-term punishments prescribed for each crime, but the minimum sentence of imprisonment shall be determined by the punishment determined for the violation of Road Traffic Act) of the aggravated punishment for 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 reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend the lecture seems to have shown an attitude that the Defendant seems to reflect on his/her criminal act.

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