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(영문) 춘천지방법원 2017.11.14 2017고단995
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a person engaged in driving a BM5 vehicle.

On August 30, 2017, the Defendant driven the said car under the influence of alcohol content of 0.145% among blood transfusions on August 30, 2017, and continued the roads in front of the Gangwon University Yae-ro 16, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, with the view to the protection of the said apartment.

At the time, since it is at night, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering gear and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (43 tax) who was driven in accordance with the traffic conditions at the front of the road due to the negligence of neglecting it, and was driven by the victim C (43 tax). After the left-hand part of the 308 car, the Defendant received the part on the upper-hand part of the 5 car in front of the above SM5 car.

As above, Defendant 1 driven a car in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as dump, tension, etc. of the trend requiring two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each report on the actual situation;

1. Inquiries about the results of regulating the driving of drinking, a statement on the circumstances of the driver of drinking, and a report on whether to drive any danger;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and order to attend lectures [the scope of recommendation] of the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] in the case of driving under drinking (8 months to 2 years) in the aggravated area (the special aggravated person] [the decision of sentence] in the state of detention by the defendant.

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