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(영문) 광주지방법원 2018.07.12 2018고단1914
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2018, when the Defendant was unable to drive normally and with a alcohol level of 0.181% during blood alcohol level, the Defendant driven a car of 2 km Chump from the Do in front of the city bus in the Gwangju Mine-gu in Gwangju Mine-gu, and continued to drive the car of 2 km away from the e-mail front of the E-ray in Gwangju Mine-gu, depending on one lane, according to the U.S. E-ray in the Gwangju Mine-gu, the Defendant driven the e-mail away from the e-mail distance range. On the other hand, the Defendant, while neglecting the duty of due care in the operation of the e-mail and operated the e-mail and brake system, by neglecting the duty of due care in the operation of the e-mail, thereby causing the victim’s injury to the e-mail part of the G-learning car in front of the said e-mail vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] - In the event of a minor injury that occurs in the course of ordinary traffic accidents (the person subject to special sentencing] - the driving of an aggravated element [the scope of recommendation] in the basic area of alcohol alcohol [the scope of recommendation] - April - 1 year [the person subject to general sentencing] - the purchase of the comprehensive motor vehicle insurance for mitigated element [the determination of sentence] - the above sentencing factors and the defendant recognize their mistake, and the defendant are also subject to the sentence.

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