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(영문) 서울중앙지방법원 2020.08.12 2020고단1236

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant is a person who is engaged in driving a rocketing car.

On December 8, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 00:30% or more of alcohol content, and was negligent in driving the front line in the front line of the victim D (Nam, 30 years of age) who was driven by the victim D (Nam, 30 years of age) who was driven by the victim D (Nam, 30 years of age) who was driving in the front line while neglecting to drive the front line of the road in front of Seocho-gu Seoul Metropolitan Government in the direction of shift from the long distance room to the direction of shift.

In the end, the Defendant, in a situation where normal driving is difficult due to the influence of alcohol, was driving a motor vehicle as seen above, and suffered injury, such as a 1 cage cage cage cage fage fage fage fage fage

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement on the occurrence of traffic accident;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence under Article 62(1) of the Criminal Act does not have any previous conviction for sentencing, the payment of insurance money to the victim is deemed to have been recovered from damage, the sale of the vehicle, the completion of special traffic safety education, etc., and the re-driving will not drive under the influence of alcohol again, the support of the wife and two children, the economic difficulty of the defendant, the family and the branch of the defendant are actively leading the defendant while wanting the defendant's wife, and the defendant's family and the branch of the defendant's family are actively leading the defendant while flying the defendant's wife, taking into account the fact that the defendant's act in this case is led to confession and reflects in depth, etc.