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(영문) 수원지방법원 여주지원 2018.08.28 2018고단725
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

On June 30, 2018, the Defendant, at around 20:10, 200 on the front of the passenger ship B, was driven by the victim D(27 years old), who was parked in the signal signal atmosphere while driving from the front side of the road at around 0.152% of alcohol concentration in the blood on the front of the passenger ship at around 20:0,00, while driving the east Trac-do Trac-do Trac-do Trac-do in the state where normal driving is difficult due to the influence of alcohol concentration of 0.152%, was driven by the Defendant, and the back part of the victim D(27 years old) who stopped in the front of the passenger vehicle at the front of the Defendant.

F Driving received the back part of the G G-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Vehicle

As a result, the Defendant, while driving a truck with the above coin which it is difficult to drive normally due to the influence of drinking, suffered injury such as salt, tension, etc. by driving the truck, which requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs;

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

1. Report on the circumstances of driving under the liquor:

1. A written statement on the occurrence of D traffic accidents;

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

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) 2 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. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be imposed on the crimes of violation of the Act on the Aggravated Punishment, etc. of Heavy Specific Crimes, referring to the punishment, or the aggravated punishment. The lowest sentence shall be imposed on the crimes of violation of the Road Traffic Act (driving)];

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

1. The fact that there was three times of punishment due to the crime of the same kind of punishment under Article 62-2 of the Criminal Code of the Order to Attend the lecture shall be considered in consideration of unfavorable circumstances, such as the fact that time and reflects the situation, the damage of the victim was restored by comprehensive insurance, and the fact that the victim agreed with the victim separately, etc

In this regard, all the sentencing conditions of Article 51 of the Criminal Code, such as the defendant's age, sex, and environment, are considered.

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