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(영문) 대전지방법원 천안지원 2018.05.03 2018고단257
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), drives a rocketing car frequently or frequently.

On September 28, 2017, when the Defendant was under the influence of normal driving under the influence of 00:207% a alcohol concentration of 0.207% during blood transfusion, the Defendant driven B rocketing car on the surface of the mouth 187-4, which is located in the king of Asan City, from the breath of the breath to the breath of the breath. On September 28, 2017, the Defendant was under the influence of the Defendant’s vehicle as the front part of the Defendant’s vehicle, with the front part of the victim C ( South, 46 years old) (on the breath of the breath of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the two lanes.

In this accident, the victim suffered injuries, such as climatic salt, tensions, etc., which require approximately two weeks of medical treatment.

2. On September 28, 2017, the Defendant violated the Road Traffic Act (divated driving) driven a B rocketing car between approximately 1 km and 1 km to the road located in the area of the galton 187-4, where the trade name on the Asan tetral is unknown in the state of under the influence of alcohol content 0.207% in blood during the influence of alcohol, on the road near the drinking house in which it is difficult to find out the trade name in the Asan tetral in the state of alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (C);

1. Reports and photographs of traffic accidents;

1. A medical certificate;

1. Notification of the results of regulating the driving of alcohol and the application of Acts and subordinate statutes of the report stating the situation of the driver;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor as to 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [the scope of recommended punishment] are the aggravated area (8 months to 2 years) of the first type of traffic accident (the injury caused by traffic accidents) [the special sentencing factors] drinking and driving of alcohol, the proviso of Article 3(2) of the Act on Special Cases concerning the Regulation of Education (excluding subparagraph 8).

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