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(영문) 대전지방법원 2018.12.12 2018고단3809
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who drives a car for Arails.

On October 06, 2018, the Defendant driven the said car with alcohol content of 0.198% while under the influence of alcohol at around 02:30% in the blood, without obtaining a driver’s license, and driven the said car at around 0.198, according to the dry field of Daejeon Pung-gu, Daejeon, the Defendant got 155-lanes of three lanes in front of the four-lane of the four-lane crossing of the oil station at the four-distance off from the four-distance bank, on the ground that the Defendant was negligent in neglecting the flow of alcohol prior to the drunk and not accurately operating the steering direction and brake system at the front direction of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain-dead, which does not have any wife in two open for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violating the Road Traffic Act;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is driving a motor vehicle while under the influence of alcohol.

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