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(영문) 의정부지방법원 2018.05.25 2018고단502
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 a period of two 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 Bchip car.

On January 12, 2018, the Defendant was under the influence of alcohol content of 0.277% during blood. While driving the said car and driving the said car into the erode of the art hall, the Defendant was due to occupational negligence of the victim D(46 aged) who was under the influence of alcohol and temporarily stopping in the air at the front of the erode, who was under the influence of alcohol, due to the Defendant’s failure to drive the said car at the time of the art hall at the level of the art hall, and led the victim F (34 years) drive the said eroke car which was under the influence of the signal at the front of the erode and temporarily stopping in the front bank.

Accordingly, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the victim D to suffer the injury of climatic salt, etc. requiring medical treatment for about two weeks, and the victim F to suffer the injury of climatic salt, etc. requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Reports of traffic accidents, on-site photographs, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (the fact that a person does not have a previous driver's license, the injury of victims, the minor fact that he/she purchased a comprehensive insurance, and the fact that he/she is contrary to the recognition of the instant crime)

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures [the scope of recommended punishment] general traffic accidents.

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