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(영문) 수원지방법원 여주지원 2018.05.15 2018고단332
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2018, at around 20:10, the Defendant: (a) driven a Haststa car with alcohol concentration of 0.127% in front of Gangdong-gu Seoul on the road in which normal driving is difficult; (b) driven a two-lane from the right side of the 2-lane to the Yan Elementary School; (c) changed the course from the two-lane to the Yan Elementary School; and (d) changed the course from the two-lane to the one-lane on the same direction, and was driven by the victim D (n, 26 years of age) driving a one-lane in the same direction.

As a result, the Defendant driven the said rocketing car in a state where it is difficult to drive due to the influence of drinking, resulting in the injury of the victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) 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, and the choice of imprisonment with prison labor as to the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated by the punishment provided for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier than the punishment: Provided, That the lowest sentence shall be determined by the crime of violation of the Road Traffic Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the grounds of sentencing, the drinking volume of alcohol, the circumstances leading to the occurrence of accidents, etc. shall be considered as disadvantageous circumstances; however, consideration shall be given to the circumstances favorable to the situation, such as the urgency and reflect, and subscription to a comprehensive insurance

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, support relationship, etc., are determined as per the disposition.

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