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(영문) 수원지방법원 안양지원 2018.09.20 2018고단1232
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 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 is engaged in driving a Csch Rexton car.

On July 13, 2018, while under the influence of alcohol content of 0.225% among blood alcohol, the Defendant took six-lanes of the distance distance in front of the sampling village apartment located in the Gamban-gu during the Gamban-si, under the influence of Gyeonggi-gu, and had the victim D (60 years old) who was negligent in performing his/her duty of care in front of the road along the three-lanes of the road, and caused the victim D (60 years old) to temporarily stop for the atmosphere in the front direction of the Defendant’s proceeding, due to his/her occupational negligence, he/she gets the victim D and the victim F (the passenger and the victim F (the passenger of the said 42 years old), who is the passenger of the said rocketing or other taxi, to treat the victim for the waiting in the front direction of the Defendant.

As a result, the defendant is driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to people.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), 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 Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) (see, e.g., Supreme Court Decision 2009Da1

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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