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(영문) 서울중앙지방법원 2017.11.23 2017고단6450

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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

[Power of crime] On May 19, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of road traffic law (dacting driving) in support of Sungnam branch of Suwon branch on May 19, 200, and on October 7, 201, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

[Criminal facts] On August 9, 2017, the Defendant was under the influence of alcohol content of 0.156% during blood transfusions at around 04:35, and was trying to take off B Arodi A7 car in four-lanes of Seoul Gangnam-gu Seoul Metropolitan Government Seoul, thereby running from the skco gate to the skn basin.

At the same time, the Defendant was tight, the walked, and the blood color was string, and the blood color was under the influence of alcohol to the extent that it is impossible to properly memory the background leading up to the commencement of the operation, and the said vehicle was started and was temporarily stopped from approximately 5 meters off the same lane and received the part of the victim D(52 tax) rocketing back of the said vehicle in front of the said vehicle.

As a result, the defendant suffered from the injury of the climatic salt which requires about three weeks of medical treatment to the victim due to the negligence of driving a motor vehicle while normal driving is difficult due to the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report, a report on the results of regulating drinking driving, a report on the situation of the driver in charge of driving, a vehicle report, a diagnostic certificate, or a black boom video;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order (18,19) by Acts and subordinate statutes;

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

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 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.