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(영문) 수원지방법원 안산지원 2019.01.10 2018고단3899
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B U. S. car.

1. Around 07:30 on September 14, 2018, the Defendant, while under the influence of alcohol of 0.224%, driven a motor vehicle of niboo in the section of about 25 kilometers from the area near the Southern-dong, Nam-gu, Incheon to the front distance of the central station station in the Ansan-gu, Seoul.

2. On September 14, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is driving the said vehicle in a state that it is difficult to drive the said vehicle normally with the blood alcohol concentration of 0.224%, while driving the said vehicle on the ground that it is difficult for the Defendant to drive the said vehicle normally in a state that he/she finds it difficult to drive the said vehicle while driving the vehicle at a speed of 0.24% with the blood alcohol concentration as above, toward the four-lane-lane road in front of the shooting distance

At the time, the victim C's k5 vehicle stopped according to the red signal prior to the bed of the bed, and the following part of the vehicle was moved into the front part of the driver's vehicle and caused the victim to suffer injury, such as cerebral wave which requires treatment for about two weeks for the vehicle of the bed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. Records of the measurement of drinking alcohol, reports on the results of the control of drinking driving and a report on actual condition;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

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

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures shall be determined by comprehensively taking into account all the circumstances shown in the records, including the following circumstances.

The favorable circumstances: A crime, confession, and ordinary circumstances disadvantageous to the purchase of the comprehensive motor vehicle insurance are caused by the accident of drinking.

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