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(영문) 춘천지방법원 영월지원 2017.10.31 2016고단420
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 6, 2016, the Defendant, while under the influence of alcohol level of 0.297% among the blood transfusion around 19:30 on September 6, 2016, driven B Lone Star Co., Ltd. and proceeded with the “D gas station”, which is located in Gangwon-gu Seoul Special Metropolitan City, as the JC private distance outflow from the IC room.

The Defendant, while under the influence of alcohol, was unable to drive the said vehicle normally, neglected to perform his duty to stop on the front side, and brought the front side of the Victim E (39 S) driving in the front side of the signal at the front. The Defendant shocked the front side of the said Victim E (39 S) driving on the front side.

In the end, the Defendant suffered injury to the victim E, such as catum fat, which requires approximately two weeks of medical treatment, injury to the victim G (33 Do) who is a passenger of the driver car, such as catum base, which requires approximately two weeks of medical treatment; injury to the victim H (30 years of age) who is a passenger of the driver car; injury to the victim H (30 years of age) in need of medical treatment for about two weeks of medical treatment; and injury to the victim I (37 years of age) who is a passenger of the driver car, for about two weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of the occurrence of each traffic accident in E, G, H, and I;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

1. An explanatory note;

1. Statement of the circumstances of driving at home;

1. A circumstantial report on whether to drive any danger;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

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

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing [the scope of recommended punishment] under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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