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(영문) 광주지방법원 순천지원 2017.05.17 2017고단24
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 also a person who is engaged in driving a sports cargo vehicle.

On December 18, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.137% from the blood alcohol level on 22:05 on December 18, 2016, and driven the two-lane ahead of the netcheon City D along two-lanes from the wing tunnel to the erode.g., the Defendant driven the above vehicle.

At the time, the Defendant was string off with red eye, and was in a situation where normal driving has been difficult due to the influence of drinking, such as rhythm and rhyming of his body, and routing his body, and routing his body.

Nevertheless, in the above circumstances, Defendant E (26) who was under the influence of an emergency, etc. at the bed and stopped due to a failure to drive the bedle in a proper manner, and was driven by the victim E (26 Do) who was under the influence of a stop, and followed the left-hand side of the 130-on-hand passenger, and suffered injury, such as brain, etc., for which approximately two weeks of medical treatment is required for the victim.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol concentration of 0.137% in blood and caused injury to people by driving the motor vehicle while normal driving is difficult due to the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition (1) (2);

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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, and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated (to the extent that the punishment is aggregated with the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the lowest limit of which is determined by

1. The Criminal Act, the suspension of execution;

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