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(영문) 대전지방법원 천안지원 2018.05.03 2018고단385
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driving on or around 03:25, while under the influence of alcohol content of around 0.186% in blood, the Defendant driven the B Costasch Rexroth and proceeded along two lanes from the side of the Ministry of Labor to the two-lanes in the north-gu, west-gu, Seoan City while driving the two-lanes in the direction of the Ministry of Labor. In order to get off passengers from the same lane, the Defendant was able to drive the victim E ( South, 54 years old) driving Fchip taxi, followed the Defendant’s driver while driving the Defendant.

In this accident, the victim E suffered bodily injury, such as dynas, tensions, etc., of the crynasium in need of approximately 2 weeks of treatment, and the victim G (the victim, South, 27 years old, and damaged taxi passengers) suffered bodily injury, such as crynas, tensions, and tensions, which require approximately 2 weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car in approximately KRW 500 meters section B, 500 meters, from the front of D in front of the road located in Northern-gu, Seoan-gu, in the state of being drunk with 0.186% alcohol concentration in the temporary blood transfusion as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (E, G);

1. A fact-finding survey report, reporting on the occurrence of a traffic accident, and on-site photographs;

1. Notification of the results of crackdown on the driving of drinking, report on the circumstances of the driver placed in drinking, report on investigation (report on the circumstances of the driver placed in drinking), response to requests for appraisal, and written appraisal of alcohol during blood;

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

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 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 ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment with labor;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be imposed on a person causing injury resulting from dangerous driving).

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