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(영문) 수원지방법원 여주지원 2019.01.18 2018고단1225
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for six 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

On August 23, 2018, around 00:43, the Defendant, while under the influence of alcohol concentration of 0.093%, was driving a C Sti-type car at a sti-type speed.

In this case, there was a duty of care to proceed to the right side of the center line to the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant entered the left side of the center line of the intersection and proceeded with only one lane by negligence driving about about 2 km in the two-meter direction in the direction of the Seoul metropolitan direction, and received the front part of the victim D (In this case, 59 years old) E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant driving a car in the given SP area where it is difficult to drive the car normally due to influence of alcohol, and suffered injury such as the left-hand francing of 12 weeks of medical treatment to the victim D, and the victim FF (the age of 67) who took advantage of the said AWW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. A report on investigation (Submission of a written agreement) and application of two Acts and subordinate statutes to a motor vehicle accident agreement;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 3 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;

1. Selection of imprisonment with prison labor chosen;

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

1. As a result of the crime of sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the disadvantage of the victims as a result of the crime of sentencing under Article 62(1) of the Act on the Suspension of Execution, and consideration shall be given to the favorable circumstances.

This is the defendant.

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