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(영문) 대전지방법원 천안지원 2019.05.09 2018고단1561
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B SP car.

On May 3, 2018, at around 00:27, the Defendant, while driving the said vehicle under the influence of alcohol of 0.220% and making it difficult for the Defendant to drive the said vehicle normally, driven the two-lane of the two-lane road in the front of the “D” restaurant located in Asan City C, Asan-si, driving from the east Sastro-distance distance, and was driven by the victim E (Nam, 45 years old) who is driving on the front line due to negligence of neglecting the front bank and the left and right-hand city, and was able to take the front-way part of the said spke vehicle.

Ultimately, the Defendant suffered from the injury of the victim E and the victim G (ma, 50 years of age) who is a passenger of the passenger car in the above SPP area due to the occupational negligence as above, for approximately two weeks of treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant from the front of the “I” restaurant located in H in Asan City around the date and time set forth in the above paragraph (1) to the front of the “D” restaurant located in Asan City to the road in Asan City, with a level of about 3 km alcohol concentration of about 0.220%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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