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(영문) 서울중앙지방법원 2017.07.12 2017고단3332

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant has no driver’s license.

Nevertheless, on March 24, 2017, the Defendant driven B Poter Cargo Vehicles with alcohol content of 0.211% in the blood around 21:50, while driving at around 0.21% in the influence of alcohol, and proceeding 127 - a 4-ro, Seoul, Gangnam-gu, Seoul, a 662 educational dong-ro 4, a 662 educational dong-dong 4, as a side-ro, into the front door, and entered the 3-lane debate.

At the time, the Defendant was shot and detained, the walked, the walked, and the face color was drunk, and the front side of the victim C (36 years old) who was driving on the right side from the left side of the cargo vehicle, was driving on the three-lanes to the front side of the above cargo while driving on the three-lanes to the front side, without carefully examining the front side and the left side, and failed to accurately operate the steering gear and the brakes. Thus, the victim C (36 years old) who was driving on the right side of the above cargo vehicle was receiving the front side of the above cargo vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim C, such as salt pans, tensions, etc., and the victim E (the 37-year-old age), who is the passenger of the said motor vehicle, caused the injury of the victim E (the 37-year-old age-old) for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. Statement of the circumstances of driving at home, report on the detection of the driver at home, and record of the measurement of drinking;

1. A written statement on the occurrence of traffic accidents;

1. The driver's license ledger;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.