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(영문) 의정부지방법원 고양지원 2018.04.13 2018고단414
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:44 on January 20, 2018, the Defendant: (a) driven a Bbenz B200-car and proceeded along the 3rd line road in front of the commercial building in Yongsan-gu, U.S., U.S., U.S., one lane to the white-ro basin; (b) under the influence of alcohol, the Defendant was negligent in the course of business in which he was negligent in performing his duty of alcoholic content 0.157% while he was unable to drive normally on the face while he was unable to drive under the influence of alcohol; and (c) the victim D (50 years old) driving that was driven by the Defendant, while taking the victim as the front driver and taking about about 3 weeks of head treatment, he did not suffer any injury to the Defendant, such as being open to the Defendant’s vehicle.

2. A violation of the Road Traffic Act (drinking) was driven by the Defendant under the influence of alcohol at approximately 5 km section from the Rau Lone Star Lone Star adjacent to the Dong-gu Dong-gu Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the above C commercial building, while under the influence of alcohol with 0

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A survey report on actual condition and an accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

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;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the category 1 (Bodily Injury resulting from Traffic Accidents) in the increased area (eight months to two years) [the special aggravated person] alcohol driving, etc.;

2. The confession shall be made in accordance with the decision of sentence of sentence;

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