(영문) 춘천지방법원 2018.11.20 2018고단861

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.11.20 2018고단861

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:50 on August 24, 2018, the Defendant: (a) was under the influence of C in front of Chuncheon, B; (b) was under the influence of 0.182% alcohol during blood while driving DK3 motor vehicles on the surface of new interest distance, and was under the influence of 0.182%; (c) was under the duty of safe driving due to an occupational negligence; (d) the part of the victim E-driving car stopped for the Defendant’s waiting waiting in front of the signal in front of the Defendant’s driving direction; (e) was under the influence of the Defendant’s vehicle in front of the said car; (e) was under the influence of the Defendant’s vehicle in front of the said car, and (e) was under the influence of the Defendant’s vehicle in front of the said passenger car in front of the said car; (e) was under the influence of the victim’s vehicle in front of the said passenger car in front of the said car, and (e) was under the influence of the victim in front of the said car in front of the said 20-day.

Accordingly, the Defendant, while under the influence of alcohol 0.182% in blood on the road, was driving a motor vehicle while under the influence of alcohol, and driving a motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of alcohol, thereby causing each injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire about the scene of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver in charge, a report on whether to drive any danger, and the results of regulating drinking;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, and Article 38.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-특정범죄 가중처벌 등에 관한 법률 제44조 제1항

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