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(영문) 대전지방법원 천안지원 2019.07.12 2019고단887
특정범죄가중처벌등에관한법률위반(위험운전치상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dworket) operated by the victim C (the age of 58) (the age of 58) who was under the influence of alcohol on April 23:43, 2019, driven the B Twork-house with a blood alcohol concentration of 0.157% and was driving the national highway No. 2019 at the hot spring in Busan City, into a four-distance area from the ebridges of the Asan City, along with a flow control of 4 distance from the ebridges.g., the Defendant rapidly avoided the collision with the vehicle driven by the Defendant by the victim C (the age of 58) while avoiding the collision with the vehicle driven by the Defendant.

Accordingly, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, was inflicted on the victim E (V, 28 years of age) who was on the said victim C and the said taxi, and suffered from the injury of the climatic salt, etc. for about two weeks in need of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the B Twork vehicle within approximately 8 km section from the commercial building located near Asan-si, an Asan-si, under the influence of alcohol 0.157% of the blood alcohol concentration at the time and time as stated in paragraph (1) to the F apartment parking lot in Asan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report (1) (2);

1. Report on the circumstantial statements and investigation report of the employer (report on the circumstances of the employer driver);

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the pertinent criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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