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(영문) 서울남부지방법원 2017.06.15 2017고단989

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for up to 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

1. On January 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 0.138% in blood, while driving his body at a non-distance and face, and making it difficult to drive a car normally due to the influence of drinking. While driving a car at B Belgium, the Defendant sustained a three-lane road on the side of the Sungsan B B Belgium located along the labor of Yeongdeungpo-gu Seoul Metropolitan Government, along the right-hand side of the Preferred to as the Defendant was under the occupational negligence of driving a car along the central line toward the right-hand side of the Preferred to as the Preferred to in Section C (F, 31 years old) of the Preferred to as “A car” and caused the victim to complete the treatment of the victim by taking the right-hand side of the Preferred to in this Section.

2. On January 15, 2017, the Defendant was driving a car under the influence of alcohol content of approximately 0.138% in the section of about 10 Km of alcohol from the south-gu, Seoul Metropolitan Government road located in the 7-ro Do road, Guro-gu, Seoul Metropolitan Government, to the roads adjacent to the Gando road located in the same city, Yeongdeungpo-gu, Yeongdeungpo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Act and subordinate statutes on the inspection report on the actual condition of a driver driving, the report on the results of crackdown on the driving of alcohol, the notification of the accident vehicle photographs, the application of the Act and subordinate statutes on the

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 (2) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing 0 unfavorable to Article 62-2 of the Criminal Act: The defendant's negligence is limited to the fact that the blood alcohol concentration is high, and the central line of drinking driving is affected by the accident, and the victim is the victim.