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(영문) 춘천지방법원 원주지원 2018.06.05 2018고단360
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On April 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) was under the influence of alcohol level of 0.160% in blood, and was under the influence of alcohol level of 0.160% in driving B C at the original state while driving the sports vehicle, and was under the influence of alcohol leveling C, the Defendant was under the influence of the victim D (50 years old)’s truck driver’s front part of the truck in front of the Defendant driving vehicle, and was under the influence of the victim D(50 years old) who was under the influence of normal driving due to the influence of alcohol leveling at the center, and was under the influence of the Defendant’s driving vehicle, and was under the influence of the Defendant’s driving vehicle, and was under the influence of the Defendant’s driving vehicle, the Defendant sustained the injury, such as the c

2. The Defendant 1 driven the above vehicle from G Mart H parking lot in the original city F in the state of drinking during the above day to the place of the above accident. The Defendant 1 driven the above vehicle from the above parking lot in the front city of G Mart to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a report on the results of regulating drinking driving, a statement on the circumstances of the driver of a drinking driver, a report on whether to drive any danger, and a medical certificate;

1. Application of statutes on field photographs;

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, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of the Act on the Punishment of Traffic Accidents No. 1 (the injury of traffic accidents) (the special mitigation to 8 months or 2 years) [including efforts to recover damage] / In the case of driving alcohol, the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching, or in the case of driving in bad condition (the decision of the sentence] in the case of driving under the influence of alcohol, the traffic accident in which the central line is invaded and the flap vehicle is collisioned.

The degree of state practice is 0.15% higher.

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