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(영문) 서울서부지방법원 2017.07.13 2017고단1040

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 June 1, 2009, the Defendant received a summary order of KRW 1,500,000 from the Seoul Central District Court to a fine for a crime of violating the Road Traffic Act (drinking driving), and on October 5, 2009, the Seoul Central District Court issued a summary order of KRW 4,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving).

On March 17, 2017, the Defendant, while under the influence of alcohol 0.121% during blood transfusion around 02:30 on March 17, 2017, driven a C-car in the section of approximately 1.9km from the Silsan City of Yongsan-gu, Seoul to the roads of Mapo-gu, Seoul.

2. Around March 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) followed the Defendant’s front part of the E-freight driving of the victim D (37 cm) in front of the Defendant’s front part of the Defendant’s vehicle while driving on the front side of the Seoul Mapo-gu Road at a speed of about 40 km from the front side of the filial park, with the speed of about 40 km from the front side of the K-gu Seoul Mapo-gu Road where normal driving is difficult due to the influence of drinking, such as drinking, heavy-distance, heavy snow snowing, etc., while driving on the front side of the Defendant’s vehicle under the influence of drinking.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Whether to output the measurement of drinking alcohol;

1. A medical certificate;

1. Investigation report (related to the application of the above d mark);

1. Previous convictions: Application of a reply to inquiry, investigation report (to bound copies of the relevant summary order) Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. Article 37 of the Aggravation of Concurrent Crimes Act.