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(영문) 수원지방법원 안양지원 2017.03.21 2017고단78
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person engaging in driving a car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 31, 2016, while the Defendant driven the said car with a alcohol content of 00:40% at around 00:40, while driving the car and turn to the left at an elementary school from the south side of the lower side of the vehicle, the Defendant received the rear part of the victim D (28 years old) E-to-land driving on the left left at the front side of the said vehicle due to the negligence of leaving the front while it is difficult for the Defendant to drive the vehicle normally due to the influence of drinking, such as the face color is red, samping, and going to the left at an elementary school on the left side of the vehicle.

Ultimately, the Defendant suffered approximately three weeks of medical care due to the above occupational negligence, resulting in knee knee, etc. in need of medical care.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.212% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. The application of Acts and subordinate statutes, such as a statement on the circumstances of driving, notification of the results of regulating drinking driving, vehicle photographs and field photographs;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures [the scope of recommendations according to sentencing guidelines] - Type 1 (Bodily Injury resulting from Traffic Accidents) basic area (from April to one year) - Special mitigation (a special mitigation) - Where a person is not subject to punishment (including a serious effort to recover damage), driving under drinking, etc. (a decision of sentence] favorable circumstances: the defendant is the defendant.

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