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(영문) 대전지방법원 천안지원 2018.03.08 2017고단601
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

1. Around 00:55 on December 22, 2016, the Defendant was driving a vehicle of soflured C in a state where it is difficult for the Defendant to drive normally under the influence of alcohol, as described in paragraph (2), with the roads prior to the 105-dong B apartment in Asan-si, Asan-si, Asan-si.

The Defendant was negligent in failing to properly operate the operation system under the influence of alcohol while neglecting his duty at the later time, and received the back part of the Defendant’s vehicle for the victim D (Seoul, 40 years old) E K5 passenger vehicle, which was stopped behind the Defendant’s vehicle.

In this accident, victims D suffered injuries, such as fluoral salt, in need of approximately two weeks of treatment.

2. On December 22, 2016, the Defendant was under the influence of alcohol content of 00:55, the Defendant driven a vehicle of 200 meters chump with approximately 200 meters in front of G church B apartment to the front road of 105, G church located in Asan-si, G church (F) under the influence of alcohol content of 0.129%.

Summary of Evidence

1. Protocol concerning the examination of suspect;

1. A written statement on the occurrence of a traffic accident (D);

1. A traffic accident report;

1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

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, of which the punishment is heavier: Provided

The reason for sentencing [the scope of recommended punishment] The weighting area (from August to two years) (Special Sentencing) of the weighting area (the reason for sentencing) of the type 1 (the injury caused by traffic accidents) [the reason for sentencing] driving (the reason for sentencing), the reason for the decision of sentence, the reason for driving, the alcohol concentration in blood, the background of the accident, and the reason for the accident.

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