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(영문) 춘천지방법원 2018.04.03 2018고단65
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 13, 2017, the Defendant driven the said vehicle at around 04:10 in the state of alcohol content of 0.136% in alcohol, and, when driving the said vehicle at around 160 in Seocheon-si, Seocheon-si, Seocheon-si, the Defendant proceeded with the two lanes in front of the Saemaul Treasury, which was located in 160 in Seocheon-si, Seocheon-si, Gangwon University, as chump square, on the front side of the Hanwon University. As such, the Defendant was negligent as long as he was negligent in performing the duty of the Jeon-si in the situation where normal driving is difficult due to influence of drinking, and received the part of the crime behind the D golf car of the victim C (32 years old) waiting in the front direction of the said vehicle.

Ultimately, the Defendant driven under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, resulting in the Defendant’s injury to the victim, such as a shoulder softened salt, tension, etc. requiring approximately two weeks of medical treatment.

2. On December 13, 2017, the Defendant: (a) driven a B SP car in the section B 2 km from around 13, 2017 to the roads front of the Saemaul Treasury, as stated in paragraph (1), while under the influence of alcohol leveling 0.136% in alcohol level among blood transfusion around 04:10 on December 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, a survey report on actual condition, field photographs, the circumstantial report on the driver of a primary driving, and inquiry into the results of regulating drinking driving

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of a sentence of imprisonment with prison labor for 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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of a recommended sentence] General Traffic Accidents of Type 1 (Bodily Injury by Traffic Accidents) (the special mitigation or aggravation for April to 1) in the basic area (the special mitigation or aggravation for one year): In the case of minor injury (one type) / In the case of drinking driving, etc. (the sentence shall be decided).

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