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(영문) 수원지방법원 성남지원 2018.07.12 2018고단1081
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 1, 2018, the Defendant: (a) driven B B Sota taxi with a alcohol level of 0.141% in a state where normal driving is difficult due to the influence of alcohol during blood alcohol; and (b) caused the Defendant’s injury, such as fluoral salt, etc., in need of approximately two weeks of treatment, by neglecting his/her duty of fluoring on the front left right side of the Defendant’s vehicle under the influence of alcohol in the course of driving at a non-fluoring speed along three lanes in the direction of the river basin in the direction of the river basin in the direction of the river basin in the direction of the river basin in Sungnam-gu, Sungnam-si; (c) by neglecting his/her duty of fluoring on the right side of the Defendant’s vehicle under the influence of alcohol; and (d) caused the Defendant’s injury, such as fluoral salt, which requires approximately two weeks of treatment.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A medical certificate;

1. Survey report on actual condition, report on the circumstances of the driver in charge of driving, investigation report (report on the circumstances of the driver in charge of driving), and report on the results of regulating the driving of drinking;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures [the scope of recommended punishment] General traffic accidents in the category 1 (Bodily Injury resulting from Traffic Accidents) (from April to one year) of the basic area (the decision of sentence] shall be driven while driving in a state where it is difficult to drive.

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