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(영문) 창원지방법원 2019.05.01 2019고단280
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

The Defendant is a person who drives a new launching cargo vehicle B.

On January 12, 2019, at around 21:02, the Defendant driven the above cargo while under the influence of alcohol with 0.15% of alcohol concentration 0.15%, and driven the three-lane road in front of the D Center C located in the window of Changwon-si, Changwon-si along two-lanes of F Hospital.

At this point, the Defendant was under the influence of alcohol, even though the H-Wn-Wn-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-

As a result, the Defendant, under the influence of drinking, suffered bodily injury, such as fluorous red, heavy drinking, and fluorial fluorial fluorial fluorial fluorial fluorals and tensions in need of one week medical treatment to the G while driving the said cargo in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered bodily injury, such as fluoral fluoral flus and tensions, which require two-day medical treatment to the victim I (the age of 56) aboard the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report and photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on detection of drivers, reports on circumstantial statements, and investigation reports;

1. Relevant 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 the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime, and determining the sentence as ordered by taking account of the following circumstances.

Unfavorable circumstances: the defendant.

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