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(영문) 춘천지방법원 2018.10.18 2018고단423
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. The Defendant is a person who is engaged in driving a motor vehicle with a d pertaining to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 5, 2018, the Defendant driven the said car under the influence of alcohol that reaches 0.106% of alcohol during blood at around 22:10, while normal driving is difficult due to the influence of alcohol, and led the Defendant to drive the said car on the surface of the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and proceed to the spores from the surface of the same spores.

At the time, the Defendant, while neglecting the front line due to the foregoing liquor, entered the above intersection by negligence in the course of business, and conflict with the FJ-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered bodily injury such as salt, tension, etc. of the climatic tension that requires approximately four weeks of medical treatment to the victim E, the victim G (25 years), H (23 years), and I (21 years of age) who took advantage of the damaged motor vehicle, suffered bodily injury such as climatic salt, tension, etc.

2. On March 5, 2018, the Defendant was driving D-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Won,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a report on actual condition investigation, and on-site photographs;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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