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(영문) 수원지방법원 안산지원 2019.01.08 2018고단4115
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 14, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven BM6 car while under the influence of alcohol concentration of 0.150% on blood alcohol level on September 14, 2018 and proceeded bypassing two-lanes in the direction E in the direction of D.

The Defendant, while driving the said car in a state where normal driving is difficult due to influence of drinking such as the failure to properly sound or walking the walk, etc., was driven by the Defendant, and the Defendant, while driving the said car on the front side of the car, was parked in the front part of the driver’s car, and was parked in the front part of the driver’s car, and was charged with the Defendant with the injury of the victim, such as the flick seat, tension, etc. requiring two-day medical treatment for the victim.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (driving) driving of a 100-meter B SM6 vehicle from Da at Ansan-gu to Da at Ansan-si at the same time under the influence of alcohol content of 0.150% at the time and time set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the results of the drinking driving control, and the place of drinking-free driving;

1. Application of the Medical Certificate, Breamble Acts and subordinate statutes

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 with prison labor concerning the crime;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act are punished by a fine for violating the Road Traffic Act on September 7, 2007.

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