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(영문) 수원지방법원 2018.08.07 2018고단2633
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On April 2, 2018, when the Defendant drives a car as a truck under the influence of alcohol level of 0.196% from blood alcohol level around 18:50 on April 2, 2018, and driving a car as a business, and driving the road near the exit area of 902 Suwon-si, Suwon-si, along with three lanes along the narrow three-lanes of the 6-lane road from the land-distance flood protection area to the narrow three-lane of the 6-lane road, the Defendant was under the influence of alcohol level, while driving the car at a speed without showing the right side of the victim D (43 ) who was under the influence of alcohol level to the body of the vehicle at the front of the maM6-lane. The Defendant was under the influence of alcohol, and the part on the right side of the said vehicle was under the influence of the said vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim and the victim F (the 46 years of age) who is the same passenger as the above SM6 passenger, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on the actual condition of a traffic accident, report on the situation of a driver of a driving school, records of drinking alcohol measurement, and notification of the results of crackdown on drinking driving;

1. Photographs of the relevant vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 (within the scope of the total of the long-term punishments for each crime, and the minimum sentence shall be determined by the crimes of violation of traffic laws on roads; and

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

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant.

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