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(영문) 서울서부지방법원 2018.02.20 2017고단3363

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 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a rocketing car around 21:00, and was driving a four-lane road in front of Mapo-gu Seoul at a speed of about 5km per hour depending on two-lanes from the surface of the upper rock distance from the backside of the World Cup stadium at the speed of about 5km. On the other hand, the Defendant was under the influence of the victim E (25 years) due to the negligence of failing to accurately operate the brake under the influence of alcohol such as a string distance, before the victim E (25 years) who was unable to operate the brake in a normal manner due to the influence of alcohol.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as salt ties, tensions, etc. in need of a two-day medical treatment, and to the victim G (V, 26 years old) who was on board the top of the damaged vehicle, for about two-day medical treatment.

2. On the day specified in paragraph 1, the Defendant driven C rocketing car under the influence of alcohol content of about 0.280% from the parking lot of the Han River heart hospital located in Yeongdeungpo-gu Seoul Metropolitan Government 7 km to the place specified in paragraph 1, at the time from the Han River heart hospital to the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the situation of the driver of the main driving;

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

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

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

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.