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(영문) 춘천지방법원 원주지원 2017.12.21 2017고단1067
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 July 30, 2017, the Defendant, while under the influence of alcohol at around 23:20, the Defendant driven BCA 110 Obaba in the wind water market located in Pungwon-dong in the original city in the original city in the state of alcohol concentration of 0.152% on blood during the influence of around 23:20 on July 30, 2017, from the 100-meter section to the 521st of the salary class in the original city in the original city in the original city.

2. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven an erroneous land above the border of the above day and proceeded with the vicinity of the horizontal distance in front of the salary grade 521, the Hanju-si, the Hanju-si, the Hanju-si, as the screen of the apartment that loaded down at the flood of the water market.

At night, the front section of the victim C(56) who was driving in violation of the signal while normal driving is difficult due to influence of drinking, the Defendant suffered injury, such as a thalle, etc., by taking the front corner part of the victim C(56) driver who was driving in front of the left side of the victim C(56) driver who tried to pass the said intersection from the right side of the defendant's driver's vehicle, because the driver was at night and the front section of the signal was a private-distance intersection where the signal was installed. Thus, the Defendant was obliged to safely drive the signal by taking into account the front edge part of the victim's driver's vehicle that was driving in violation of the signal while normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the circumstances of the driver who takes driving, and report the results of regulating drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment for each sentence concerning the crime;

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 Criminal Act of the suspended sentence [the scope of recommending punishment] The general traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) is aggravated (8 months to 2 years) (the special aggravated person).

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