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(영문) 서울동부지방법원 2019.01.24 2018고단3959

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. Around 11:51 on November 17, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.163% on the roads near the roads in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu to the roads in front of the Seoul Gangdong-gu Seoul Metropolitan Government, driving a C low-speed car at approximately 1km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD (age 35) driving a motor vehicle in front of Gangdong-gu Seoul Metropolitan Government, while driving the motor vehicle described in the preceding port while under the influence of alcohol content 0.163% at the time and time set forth in the preceding paragraph, and driving the motor vehicle on the front side of Gangdong-gu Seoul Metropolitan Government along three-lanes in the direction of the street street from the direction of the street street to the direction of the street street, thereby failing to accurately operate the brake system, which led to the victim D (age 35) who was in the traffic atmosphere at the front of the traffic distance, and received the part of the motor vehicle back to

As a result, the Defendant suffered injury to the victim D, such as climatic salt, which requires a medical treatment for about two weeks, injury to the victim FF (n.e., 66 years of age) who was on board the victim D driver's license, such as dume, tension, etc. of the bones of wood that requires a medical treatment for about two weeks, and injury to the victim G (n.e., 40 years of age) that requires a medical treatment for about ten days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Application of the Acts and subordinate statutes to the traffic accident report, the report on detection of a drinking driver, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), the details of enforcement, the form for measurement of drinking, and the written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.