(영문) 대전지방법원 천안지원 2018.04.19 2018고단45

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(영문) 대전지방법원 천안지원 2018.04.19 2018고단45

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

On December 6, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.182% on alcohol level at around 22:40, while making it difficult for the Defendant to drive the said vehicle normally, and driving the said vehicle at the speed of 0.182% on the front left part of the victim C (50 years old) driving by driving the two-lane of the two-lane in front of the new-prevention vehicle at the speed of 1:23, South East-gu, East-gu, Seoul, at the speed of the new-prevention vehicle at the speed of the new-prevention vehicle at the speed of the new-prevention vehicle at the speed of the new-prevention vehicle at the speed of the middle, and driving the two-lane along the center at the speed of the center at the speed of the motor vehicle at the speed of the Defendant’s driving.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence in a 2-day cirratum flusium in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a B EX car under the influence of alcohol level of about 0.182% in a section of about 400 meters from the front of the 67 "Gang-gu, Nam-gu, Nam-gu, Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City, to the front of the 1st century to the lower road, while driving the B EX car under the influence of alcohol level of about 0.182% in a section of about 400 meters from the first road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Photographs related to accidents;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

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 [the scope of recommended punishment] shall be the general traffic accident.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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