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(영문) 춘천지방법원 원주지원 2018.06.28 2018고단252
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 February 20, 2018, the Defendant: (a) driven a ambling cruise vehicle while under the influence of alcohol at around 0:24, while driving the amber cruise vehicle and driving it in the direction of the ambling distance in the wharf in the direction of the fraud; (b) neglected the duty of the ambling in the front line due to the influence of drinking, thereby neglecting the duty of the ambling in the front line; (c) taken the back part of the ambling vehicle in the front part of the Defendant’s driving vehicle while driving the ambling vehicle in the front line in the direction of the victim D (V, 31 years old); (d) suffered from the said victim the injury, such as brain, etc., having no wife in two weeks in which the treatment for about 2 weeks is required; (d) the victim F (the ambling, 19 years old); (e) the victim’s ambalton and the victim’s injury during the ambal 27 years old zone.

2. The Defendant, while under the influence of alcohol level of 0.146% during the blood transfusion of the above day, was driving the above vehicle at approximately 600 meters from the vicinity of the nuclear bus terminal to the above accident location.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident occurrence report, a survey report on actual condition of driving, a report on the situation of driving at drinking, a notice of the results of regulating drinking and a report on the situation of the driver at drinking;

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, and Articles 148-2 and 44-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act;

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. The main reason for sentencing under Article 62(1) of the Criminal Act is not to be somewhat weak and due to drinking driving.

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