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(영문) 수원지방법원 2018.12.12 2018고단5764
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed 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 engaging in driving a NF rocketing car.

On September 25, 2018, the Defendant: (a) driven three lanes from four-lanes in front of the 1673 administrative remote distance, which was driven by the library in Suwon-si, Suwon-si, Seoul Special Metropolitan City, on September 25, 2018, under the influence of alcohol by 0.148% in length, while driving the said vehicle at the three-lanes of the right line from the three-lanes of the right line, and driving the vehicle at the right line, while under the influence of alcohol, the Defendant was under the occupational negligence, which neglected the front line of the vehicle and failed to accurately manipulate the steering and operation of the steering system, and received the back part of the D high-speed other vehicle driving by the victim C (41 years) who was waiting at the front line of the same lane as the said vehicle as the foregoing.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim and the victim E (the age of 35) who is the said passenger, by suffering from the influence of the climatic salt, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, and report on the circumstances of the driver of drinking;

1. Photographs submitted to victims;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing video data CDs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the punishment for the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against C with heavy circumstances);

1. Selection of penalty: Imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the provision on the aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated: Provided, That the lower limit shall be the same.

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