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(영문) 수원지방법원 2017.03.28 2016고단6223
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 B car rental car.

On October 2, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.190% in blood around 10:40 on October 2, 2016, and proceeded three-lanes of the three-lane road in front of the customary market in the south side with the 790-lane in the eromatic eropiculation.

At the time, inasmuch as the victim C(63) driver's D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle as it is and received the rear part of the victim's vehicle in front of the Defendant.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered approximately two weeks of knee knee knee gel, etc., for the victim E (63 years) who was aboard the damaged vehicle, and suffered about two weeks of light knee gel, tension, etc., respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol prepared by a judicial police officer with C;

1. A written statement prepared by E;

1. A survey report on actual conditions;

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

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the punishment for the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against C with a heavier criminal situation);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.

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