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(영문) 춘천지방법원 원주지원 2017.08.10 2017고단583
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On May 17, 2017, the Defendant driven a Ci 30-lane with alcohol concentration of 0.183% at around 00:40 on May 17, 2017, and driven a three-lane road at the front of the E-lane D at the original city, using three-lanes at the seat of the original city tax office.

As above, Defendant 1 neglected the duty of the front and the right and the right and the right and the right and the right and the duty of operation in a situation where normal driving is difficult due to influence of drinking, and due to occupational negligence that did not accurately operate the steering direction and operation system, the part behind Defendant 1’s vehicle of the victim F. (n., 68 years old) who was waiting in the front line was shocked by the front part of Defendant 1’s vehicle. Accordingly, Defendant 1 driven the said vehicle while driving the said vehicle under the influence of drinking. Defendant 2 was under the influence of driving the said vehicle by taking advantage of the front part of the Defendant 1’s vehicle while driving the vehicle. Defendant 2 was under the influence of alcohol: (a) the victim F and the J (n.m., the victim 43 years old) who was the passenger of the said vehicle at the front part of the H driver’s I driver’s vehicle; and (b) was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, F, and J;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver at home and a report on whether to drive any danger;

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, and Articles 148-2 and 44-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act;

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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant, while driving under the influence of alcohol, caused a traffic accident involving two victims. The amount of injury of victims is considerably high, the victims did not change, and only agreed with victims in the course of investigation, and the damage of traffic accidents through the comprehensive insurance is considerable.

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