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(영문) 수원지방법원 안산지원 2018.01.23 2017고단2965
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. On September 3, 2017, the Defendant was under the influence of 01:42 on alcohol level 0.183% during blood transfusion, and the Defendant was driving in the direction of Ansan vegetable source in the direction of the side of the two-lane road of Ansan City, as one lane in front of Ansan City, while driving B rocketing car under the influence of alcohol level 0.183% during blood transfusion.

As above, Defendant 1 driven the said car in a state where normal driving is difficult due to influence of drinking, such as rhythm, rhym, strhym and walking, and suffered from the injury of the victim F, who is the passenger of the said high-speed car, by taking back the back part of the victim D driving, which was driven by signal signal at the front side of the Defendant’s driving direction, as the front part of the Defendant’s driving, and taking about two-day medical treatment for the victim D, and suffered from the injury of the victim F, who is the passenger of the said high-speed car, for about three-day medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a 1km B rocketing car from the shop located in the Solsan-gu Busan Special Metropolitan Building in Ansan-gu to the place described in paragraph 1, while under the influence of alcohol content of 0.183% during the day set forth in paragraph 1.

Summary of Evidence

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of drinking alcohol)

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

1. Selection of each sentence 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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