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(영문) 대전지방법원 천안지원 2019.06.12 2019고단665
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 March 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving B QM6 car with a blood alcohol concentration of 0.116% around March 23:20, 2019, and driving into the 0.116% of 0.16% from the blood alcohol level, and driving in the front direction of the damaged vehicle, the Defendant was able to receive the back part of the damaged vehicle due to the front direction of the vehicle driven by the Defendant on the front direction of the vehicle driven by the victim E, who is in the front direction signal in the front direction of the vehicle under the influence of alcohol due to the flow of alcohol from D room.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim's injury, such as salt dump for about three weeks in need of medical treatment.

2. Around 23:20 on March 15, 2019, the Defendant driven a B QM6 vehicle in the section of approximately 800 meters from the 800-meter away from the H restaurant located in Seo-gu, Seoan-gu, Seocheon-gu, Seoan-si, to the road in front of Seoan-gu, Seoan-gu, Yan-si, while under the influence of alcohol with a blood alcohol concentration of 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements and coal applications;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and notification of the results of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant paid a traffic accident while driving a motor vehicle while under the influence of alcohol, and the blood alcohol concentration of this case.

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