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(영문) 서울동부지방법원 2017.05.24 2017고단1106

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

On February 2, 2017, at around 00:57, the Defendant driven a BF car under the influence of alcohol level of 0.158% in blood, while driving a BF car under the influence of alcohol level of 0.158% in Gwangjin-gu Seoul Special Metropolitan City on February 2, 2017, and proceeded at an insular speed according to four lanes between the six-lane in the direction of the ASEAN and the flow direction in the direction of the ASEAN.

At all times, the victim C(65) driver's Dobasi was bound by the stop signals. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle, and maintaining the safety distance from the front and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the brakes while neglecting this, and received the back part of the said taxi as the front part of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered bodily injury such as salt, tension, etc. from the c, which requires approximately 3 weeks of medical treatment, and the victim E (46 years of age) who boarded the said taxi, in need of approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes concerning records of drinking alcohol measurement, written diagnosis and written estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures [decision of sentence]: Imprisonment with prison labor for six months.