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(영문) 수원지방법원 여주지원 2018.08.08 2018고단443
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 21, 2018, the Defendant, at a point 103.8km from the Young-dong Highway (Yancheon-si), in the Hancheon-si (Yancheon-si), was under the influence of alcohol of 0.167% from blood, making normal operation difficult at a point 103.8km, and turned down the back part of the victim C (38 years old)'s D-C-C-W truck's left side of the D-W truck (38 years old) driving on the right side of the Defendant's car in front of the passenger vehicle.

As a result, the defendant driving a franchise in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as damage to the victim C, such as the surface of the bridge, other surrounding land and power lines, and injury to the victim E (the 35 years old), who was accompanied by the damaged cargo vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the results of initial traffic accidents and photographs related to traffic accidents;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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 the driving of each risk) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes within the scope of the sum of the punishment stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated Punishment, etc. of Specific Crimes the punishment of which is heavier) and the long-term punishment of the above two crimes (the lowest sentence shall be imposed: Provided, That the lowest sentence shall be imposed;

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