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(영문) 광주지방법원 2018.12.13 2018고단4172
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2018, while under the influence of alcohol level of 0.240% from blood alcohol level of 19:55, the Defendant driven a vehicle of 17 km DPoter II from the Do in front of the previous restaurant C cafeteria located in the Southern-gun, Southern-gun, to turn to the left at the intersection of the village in the south-gun E village. On the other hand, the Defendant was negligent in neglecting the duty of care to safely drive the road by driving the road at the right side of the central line and driving the vehicle at the right side of the central line, and caused the injury to the victim, such as the injury to the victim, the injury to the victim, and the injury to the victim during the pertinent period of treatment, and the injury to the victim during the pertinent period of the vehicle to the right side of the central line (3 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each photograph (the list Nos. 5, 24-1);

1. The circumstantial report (whether to drive any danger);

1. A copy of each written diagnosis;

1. A written appraisal of alcohol during blood;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

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. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of the punishments prescribed for each of the above crimes: Provided, That the maximum of the punishments prescribed for the crimes of violation of Road Traffic Act shall be set at the lowest of the punishment prescribed for the crimes of violation of Road Traffic Act);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the said Act.

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