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(영문) 서울북부지방법원 2020.04.09 2019고단4271

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On July 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a BS-type car under the influence of alcohol level of 0.108% on July 27, 2019 and driving a three-lane road in front of the Seoul Jung-gu C along one lane on the direction of the river in the direction of the west entrance zone. On the other hand, the Defendant was running slowly to stop according to the electric red signal while it is difficult to drive normally due to influence of drinking, such as the speed rhyth of walking, heavy-distance and snow shocking, while driving the vehicle on the left side of the road in the direction of the Defendant, and driving the vehicle in front and the victim was not found to suffer any injury to the left side of the victims, such as D, 28 years old and 26 years old, and the victim did not suffer any injury to the left side of the vehicle in front and the victim’s left side of the vehicle in front.

2. The Defendant, at the time and time set forth in paragraph 1, driven a vehicle described in paragraph 1 while under the influence of alcohol of about 0.108% in a section of about 300 meters from the place set forth in paragraphs 1 to the place adjacent to a drinking house in Jung-gu, Seoul.

Summary of Evidence

1. The defendant's legal statement, traffic accident report, investigation report (the report on the actual condition of the driver);

1. Application of Acts and subordinate statutes to medical statements in the occurrence of each traffic accident in D and E;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;