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(영문) 대전지방법원 천안지원 2018.04.19 2017고단2468
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 8, 2017, the Defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driving on a 0.174% alcohol concentration in blood at around 03:04, while normal driving is difficult due to the influence of alcohol at around 03:174%, the Defendant driven a e-mail car at around the D cafeteria located in Asan City City and proceeded along two-lanes of the two-lane road in front of the D cafeteria in front of the D cafeteria located in Asan City, along the air exhaust the two-lanes from the e ( South, 23 years old) drive in front of the Defendant’s vehicle.

In this accident, the victim suffered injuries, such as dump dump dump, tensions, etc. which require approximately 2 weeks medical treatment.

2. On July 8, 2017, the Defendant violated the Road Traffic Act (drinking) driving a 2km B mp car at the front of the Asan registry office located in the Asan-dong in the Asan-si in the state of alcohol content 0.174% under the influence of alcohol during blood at around 03:04 on July 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident reports and photographs;

1. Report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated (to the extent that the punishment is aggregated with the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the lowest limit of which is determined

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201) (see, 201; 201Da1448, Apr. 2, 201) (hereinafter “the ground for sentencing”) is the increased area (one month-2

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