beta
(영문) 서울중앙지방법원 2017.04.19 2017고단1243

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2017, the Defendant was under the influence of alcohol content of 0.190% during blood transfusion at around 16:31, 2017. On the front of a restaurant located in the Daegdong, Yeongdeungpo-gu Seoul Special Metropolitan City, the Defendant driven C-wing and C-III cargo vehicle at approximately 4km from the front of the Seoul Special Metropolitan City-gu, Seoul Special Metropolitan City, at around the 4km road.

2. The defendant is a person who is engaged in driving the above wing and III cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

Although the Defendant was in a situation where normal driving is difficult due to the influence of the weather in the day, the brush, and the brush as described in paragraph 1, the Defendant was driving the said crush truck to the fluence of the fluence on the two-lane road in front of Seoul Special Metropolitan City, Seoul Special Metropolitan City, along the two-lane road, depending on the one-lane road.

The Defendant, as above, was negligent in neglecting the duty of care at the front time by driving a motor vehicle under the influence of alcohol and neglecting the duty of care at the front time due to the influence of alcohol, caused the back part of the victim D(32 cc) driver's otobbb in the front direction of the above cargo to be the front part of the above cargo vehicle, and again caused the above obaba in the front direction to be shocked on the back part of the knbache knife knife knife knife knife knife which requires the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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. Articles 53 and 55 of the Criminal Act for mitigation of amount;